Home Owners Associations (HOAs)

Overview

Real estate developers establish homeowners associations as corporations for the purpose of marketing, managing, and selling homes and lots in a residential subdivision. HOAs grant the developer privileged voting rights in governing the association. Usually, the developer transfers ownership of the association to the homeowners after selling a predetermined number of lots. Generally home buyers within the purview of a homeowners association must become members, and must obey the restrictions set forth by the association. Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations is minimal, and it varies from state to state.

References

We've already done the research for you. References (formerly Field Guides) offer links to articles, eBooks, websites, statistics, and more to provide a comprehensive overview of perspectives. EBSCO articles (E) are available only to NAR members and require a password.


Should You Hire a Manager?

Hiring an HOA Manager: What to Consider, (HouseLogic, n.d.)

The HOA Manager Balancing Act, (Realty Times, July 12, 2016)

Is it time for your HOA to hire a property manager?, (Buildium Blog, May 12, 2016)

Homeowners' Association Property Managers, (Lawyers, 2015)

Hiring and Working with a Property Manager in an HOA, (Nolo, 2015)

HOAs Seek Shelter in Professional Management, (REALTOR® Magazine, Aug. 2014)

20 Benefits of Hiring an HOA Property Management Company, (Wise Property Solutions, June 13, 2013)

HOA Governing

Ask the HOA Expert: Restricted Activities, (Realty Times, May 22, 2018)

HOA Meeting Basics, (Realty Times, Aug. 22, 2017)

Conflicting Information in Your HOA? Find Out Which Governing Documents Take Precedence, (Associa Blog, June 28, 2016)

No News is Bad News in Your HOA, (Realty Times, May 17, 2016)

Fixing your HOA’s Governing Documents, (Realty Times, Mar. 22, 2016)

Association Contracts, What to Look For, (Associated Asset Management, Aug. 12, 2015)

Homeowners’ Association Boards: Rights and Duties, (Lawyers, 2015)

HOA: Revitalizing Rules, (Realty Times, Sept. 17, 2013)

Sample ByLaws for a Condo Association or HOA, (CondoAssociation, Jan. 31, 2010)

Homeowner Associations: Interpreting Restrictive Covenants, (Real Estate Law Report, Feb. 2005)

Collecting Assessments

Delinquent HOA Fees: How to Collect, (HouseLogic, n.d.)

When HOA Associations Can Impose Special Assessments, (Nolo, 2018)

Automating HOA Collections, (Realty Times, Sept. 27, 2016)

Could Assessments Become Tax Deductible?, (HOA Lawyer Blog, May 5, 2016)

Unpaid HOA Assessments and Your Bankruptcy or Foreclosure, (Lawyers, Dec. 6, 2015)

How to Deal With Collecting HOA Delinquencies, (Realty Times, Oct. 6, 2015)

Getting Condo Owners to Pay Up, (McClatchy - Tribune Business News, Sept. 13, 2015) E

HOA Liens & Foreclosures: An Overview, (Nolo, 2015)

Delinquent Home Owners Association Fees: Why You Must Collect, (HouseLogic, Nov. 29, 2010)

Volunteering

Attracting—and Keeping—HOA Volunteers, (Kuester Companies, Apr. 12, 2017)

Owners who help out around their complex can pose liability risks for an HOA, (Los Angeles Times, Mar. 11, 2017)

5 Things Your HOA Board Wishes You Knew, (Redfin, Aug. 1, 2016)

Heart of HOA Volunteerism, (Realty Times, Sept. 1, 2015)

How to Be a Great Board Member, (The Chicagoland Cooperator, Feb. 2015)

Common Pitfalls of New HOA Board Members, (Kuester Companies, June 28, 2011)

Legal Issues

HOA Ruining Your Life? 8 Things It Can’t Do—and How You Can Fight Back, (Realtor.com, May 2, 2018)

Discharge of Condominium and Homeowners' Assessments in Bankruptcy, (Florida Bar Journal, Feb. 2018) E

When Homeowners' Association Living Goes Haywire: How to Prevent the Common Problems of Living Under HOA or COA, (Huffington Post, June 29, 2016)

Disagreements With Your Community or Homeowners’ Association (HOA), (Lawyers, Dec. 3, 2015)

Avoiding Litigation, (NJ Cooperator, June 2015)

Disputes and Homeowners’ Associations, (Lawyers, 2015)

7 Tips to Keep HOA Legal Fees in Check, (HOALeader, Aug. 2013)

Common Interest Realty Associations: Certified Public Accountant, (The CPA Journal, June 2010) E

eBooks.realtor.org

The following eBooks and digital audiobooks are available to NAR members:

Homeowners Association and You (eBook)

Working with Your Homeowners Association (eBook)

Community Associations: A Guide to Successful Management (Kindle, Audiobook, eBook)

Books, Videos, Research Reports & More

The resources below are available for loan through Member Support. Up to three books, tapes, CDs and/or DVDs can be borrowed for 30 days from the Library for a nominal fee of $10. Call Member Support at 800-874-6500 for assistance.

Survey: Owners Say HOAs Protect Home Values, (REALTOR® Magazine, June 5, 2018)

The Community Association Fact Book for 2017: Comprehensive Association Data and Information, (Foundation for Community Association Research, 2017)

Condo & Homeowner Association Board Member Handbook and guide for association leaders (Buffalo Grove, IL: Kovitz Shifrin Nesbit, 2011) HD 1377 K84

Community associations: a guide to successful management (Chicago, IL: Institute of Real Estate Management, 2008) HD 1377 B23

Working with your homeowners association: a guide to effective community living (Naperville, IL: Sphinx Publications, 2003) HD 1377 C67

Community associations: the emergence and acceptance of a quite innovation in housing (Westport, CT: Greenwood Press, 2000) HD 1377 S73

Community and homeowner association practice: community association law (Philadelphia, PA: American Law Institute-American Bar Association, 2000) K 740 H99cp


Have an idea for a real estate topic? Send us your suggestions.

The inclusion of links on this page does not imply endorsement by the National Association of REALTORS®. NAR makes no representations about whether the content of any external sites which may be linked in this page complies with state or federal laws or regulations or with applicable NAR policies. These links are provided for your convenience only and you rely on them at your own risk.

Advertisement

Window to the Law

A monthly video series covering topics applicable to legal compliance for real estate professionals, brokerages, and REALTOR® associations.