Frequently Asked Questions

A homeowners association is an organization made up of the owners within a community. It is typically responsible for maintaining common areas, administering the community's governing documents, and collecting assessments (dues) to fund shared expenses. Owners are usually automatically members by virtue of owning property in the community.

These are the community's governing documents, and they serve different purposes. CC&Rs (Covenants, Conditions & Restrictions) are recorded with the county and set out the core obligations and use restrictions that run with the property. Bylaws govern how the association operates internally, such as how the board is elected and how meetings are run. Rules (sometimes called house rules or regulations) are adopted by the board to address day-to-day matters and generally must be consistent with the CC&Rs and bylaws.

In many states, owners have a statutory right to inspect certain association records, such as meeting minutes, financial statements, and governing documents, usually upon a written request and within a defined time period. The exact scope and timelines vary by state and by the community's governing documents. Check your state statutes and governing documents for the specifics that apply to you.

Board members are typically elected by the membership at an annual meeting, following the procedures in the bylaws. This usually involves notice to members, a nomination process, a quorum requirement, and a vote by ballot or in person. Recent changes in some states have affected how quorum is established and whether proxies may be used, so it is worth reviewing current state law alongside the bylaws.

A quorum is the minimum number of members (or votes) that must be present or represented for a meeting's business or vote to be valid. If a quorum is not met, the association generally cannot conduct official business at that meeting. The required percentage is set in the bylaws and applicable state law.

Boards generally have authority to adopt rules under their governing documents, but the rules must be reasonable, consistent with the CC&Rs and bylaws, and typically adopted at a properly noticed meeting. Many states and governing documents also require that rule changes be communicated to owners. Good practice is for an association to keep a clear record of when a rule was adopted and under what authority.

Under fair housing laws, a person with a disability may request a reasonable accommodation — a change to a rule, policy, or practice that is necessary to give them an equal opportunity to use and enjoy their home. Common examples include assistance animals in communities with pet restrictions, or accessible parking. Generally, the request should connect the need to a disability, and the housing provider is expected to engage in a good-faith interactive process. This is a general overview; specific rights and procedures are governed by federal, state, and local law.

Assessments are the regular dues owners pay to fund the association's operating budget and reserves. A special assessment is an additional, often one-time charge to cover a specific expense not met by the regular budget, such as a major repair. Special assessments usually require board action and, depending on the amount and the governing documents, sometimes membership approval.

A reserve fund is money the association sets aside over time to pay for the future repair and replacement of major common-area components, such as roofs, paving, or pools. Healthy reserves help an association avoid sudden special assessments. Many states encourage or require periodic reserve studies to plan for these costs.

Most associations follow a graduated process: a courtesy notice, a formal notice of violation describing the issue, an opportunity for a hearing, and only then fines or other enforcement. Many states require notice and an opportunity to be heard before fines are imposed. Enforcement is generally expected to be consistent and even-handed across the community.

Community associations are governed by a combination of state statutes and the community's own recorded governing documents. You can review general references on the State Law and Federal Law pages of this site, and consult your governing documents directly. For questions about how the law applies to your specific situation, a qualified attorney is the best resource.

No. Everything on this site is general, educational information only and should not be relied upon as legal advice. Laws vary by state and change over time, and every situation is different. For advice about your specific circumstances, please consult a licensed attorney.