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here is my question to this forum
are there Federal Rules and regulations that HOA's must comply with?
thank you
No. There may be some state laws, but Tennessee really hasn't gotten into that much.
HOAs are governed primarily by the CCR -- Covenants, conditions and restrictions applicable to that subdivision or condo or coop.
There's some good information here: condolawyers.com - legal information written by condominium lawyers
It's basically for condos but also applies to HOAs for subdivisions.
Interesting question. Generally most HOA's operate as non proffit oranizations, and are subject to state statutes that govern non-profit corporations and homeowners' associations. State oversight of HOA's is grossly inconsistent from state to state. Some states have a large surplus of homeowner association law such as Florida and California, and some states have virtually no homeowner association law such as Massachusetts. Most HOA's will be a CID, or common interest development. You will also see MTIP, or multiple tenant income property. Of course, HOA's are put in place by the developer, to distance themself from financial or legal responsibility once their development is near done, transferring assocaiation ownership to homeowners.
To answer, gov't most likely prefers to keep their nose clean of CID's. They do enforce obvious infractions such as Fair Housing discrepancies and such. In 2005, gov't passed the Senate Bill 100 in some states, which disallowed HOA's from placing rules that prohibit American flags and political signage. As for here in our Tennessee, they don't so much oversee much, other than enforcing that all potential residents of any community by law are provided a copy of restrictions and covenants if asked. Any particular area you were curious about?
The HOA of my condo unit is telling us that there are state laws requiring condos to have funds available for things like roofing or such and want to increase our HOA dues based on this
however I had never heard of such laws and wanted to find out if this was legal
thank you for your postings
The HOA of my condo unit is telling us that there are state laws requiring condos to have funds available for things like roofing or such and want to increase our HOA dues based on this
however I had never heard of such laws and wanted to find out if this was legal
thank you for your postings
Law or not, it's a good idea to have reserve funds available for needed repairs, however, the managment company should have been putting funds aside from day one, not just now realizing repairs would someday be needed. It's plan ahead, or go knocking on everyone's door the day the roof leaks, and beg for money
We budget for such items years in advance, so the yearly cost is minimal. If you start saving for that new roof the day the building is built, the cost is very slight....
Sounds like the perfect time for you get get more involved with your HOA. Most people don't want to be bothered with the HOA until they feel the knifein their back.....
In the state of Virginia, are condominiums required to have HOA or can it be run by a management group only?
You really need both.
The HOA board is composed of fellow owners voting on issues effecting all. All non-paid!
The management company collects hoa fees and pays the bills for insurance, trash, water, landscaping.
The board decides on issues of gates and roofs and when to repair or replace.
We had a reserve of $600,000, needed new roofs. No one had addressed these roofs with 30 year life since they were new in 1972. It took us 4 years to all agree and vote on the replacement with concrete roofing tiles. The ideal was that the HOA board should have been collecting a reserve dedicated solely for the roof starting in 1972.
The board authorized payment of $500,000 and each homeowner had to contribute $3500 as well. There will still be more costs to painting and new gutters
This was a very heated subject and still is a sore spot for many. At least 12 homes are in foreclosure for non-payment of the roofing. These same homes would likely still be in foreclosure as the HOA is only suing for liens, they are likely in default for other bills.
My wife was voted on the HOA board after the decision but before the replacement of the roofs. We are now the target of harassment, burning objects on our trucks, feces smeared on the same trucks. A lot of ignorant folks blaming the current board for the non-action of members decades ago. The ironic thing is that most those same original members still live here and were the loudest complainers.
I will say that I recently took a Fair Housing class and the instructor told me that HOAs do need to follow fair housing laws, both state and federal.
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Are HOA's required in VA?
