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.

Homeowners and Condominium Associations: A Comprehensive Guide to Governance, Assessments, and Enforcement

Real Estate > Community Associations | Published 21 October 2023 - Updated 21 February 2026 | UpLaw - uplaw.us

In brief. Four documents in a fixed hierarchy, two deference standards, a growing list of statutory carve-outs, and one genuinely dangerous power — the assessment lien. Almost every dispute in this field is resolved by identifying which of those four documents controls and whether the association followed it.

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