
Homeowner’s associations are regulated at the state level through a variety of state laws, regulations and the HOA’s own bylaws. It is a constantly changing legal landscape that can be a challenge for HOAs to keep up with – especially for those that are managed by a volunteer board. For example, the last 40 years has seen the introduction of several major pieces of housing legislation, including the Fair Housing Act (FHA), Americans with Disabilities Act (ADA) and various transparency and governance regulations.
Violating these regulations means the risk of fines and close scrutiny from the courts. If the HOAs actions are deemed serious enough, courts may issue injunctions against the association or order an investigation into the HOA’s activities.
And though state laws and the HOA’s own bylaws may offer some personal liability protection to individual board members, this protection isn’t infallible. In some instances, legal action can be brought against individuals, resulting in costly litigation and potential financial penalties.
A proven way to mitigate these legal risks is to partner with an HOA management company. Professional management services are well-versed in the legal regulations affecting the housing industry and can take proactive steps to ensure their HOA clients aren’t exposed to unnecessary legal risks.
