Guide · Real Estate
Homeowners and Condominium Associations: A Comprehensive Guide to Governance, Assessments, and Enforcement
42 U.S.C. § 3604
- Type
- Guide
- Jurisdiction
- National
- Date
- 2023-10-21
- Topic
- Real Estate
This guide is a complete working treatment of community association law for owners, boards, managers, and counsel. Part I explains the source of association authority — a recorded declaration that binds successors as a servitude — and the four-layer hierarchy of statute, declaration, bylaws, and rules that determines which document controls. Part II works the two deference standards courts apply, the presumptive validity of recorded restrictions and the business-judgment review of board decisions, and identifies precisely what survives them. Part III maps the statutory carve-outs that defeat even valid restrictions, and Part IV covers fair housing accommodation and modification obligations that generate the largest exposures in the field. Part V is money: assessments, liens, the priority provisions that in some states subordinate a first mortgage, foreclosure, and the debt-collection statutes that apply when a third party collects. Part VI covers reserves, special assessments, and the chronic under-funding that ends in a bill nobody can pay. Part VII covers developer transition and construction defect timing. Part VIII covers governance rights, records, meetings, and elections, and Part IX covers enforcement procedure and the defenses that actually succeed, closing with a verification list for owners and boards.
The full text of this document is available to Executive subscribers and above. See plans.