There has always been a secondary mechanism for enforcing civil law violations that homeowners have been told very little about. In fact, the national ‘educational’ business trade organization has fought against this method from time immoral.
The enforcement of civil law can be found in such state (and federal) regulatory agencies as real estate, banking, medical, registers of contractors, bars, hair salons, etc. Except for HOAs. Why not?
While state legislatures have intentionally avoided explicit delegation of authority to HOAs, their abdication of their constitutional responsibilities by a do nothing, hands-off attitude is an implicit delegation of authority. This failure to protect HOA members has caused much harm and injury to individual homeowners, and has caused much divisiveness and disharmony within HOA communities. The various state HOA acts are devoid of any effective supervision, control, or oversight and should be declared unconstitutional. A regulatory HOA agency solves both the constitutional and civil enforcement defects.
Read the complete paper at HOA regulatory enforcement.
See Model AZ regulatory agency bill and AZ Model regulatory HOA agency fact sheet.
9 thoughts on “Regulatory agency enforcement of HOA violations”
Where I can find a law for HI HOA ? every one sleeps under now blanket there, attorneys, jades, they do created their own law. Please help if any body from HI, Big island straggled with HOA, and Board of directors. please respond
You need to look up Hawaii’s revised statutes or code. You can find it on the state legislature’s website. Generally under Property. All state laws differ.
Another big problem is the Management companies! They need to be regulated too. I think they are the loophole. In my Association, the Management does not respond to homeowners emails, does not give people copies of the Contracts, does not publish the Board’s meetings’ Minutes for over a year (See here, they can manipulate and change contracts easy) etc…
The Uniform code would enfoce the current problems unless the CAI can be halted. I have read the generic proposed uniform codes (that some states have pretty much adopted) when I was on a legislative committee for the CAI. Tehy are riddled with all the same problems we now face. teh CAI fights tooth and nail to keep these worthless codes becasue they are basically unenforceable, if if sections of them are decent–this is what I think George is alluding to here–we need something with teeth.
Well said George! You hit the nail precisely on the problem in Florida which lacks HOA statutory enforcement, forcing citizens to pursue the non-option of cost prohibitive litigation. I will read your attached paper with great interest.
Why isn’t there a Uniform Code for all Association-Governed Communities (HOAs) that includes such a regulatory agency? Seems like you have the basis for one.
Because we the homeowners are not organized…The Lawyers, the Management companies and the Vendors are organized in CAI…so they are lobbing and getting laws as they want!
The homeowners unfortunately are asleep until it is too late. Then they are fighting tooth and nail in their own little corner of the world. People have lives to lead and having them try to focus on one more problem is very very hard to do–to organize them will not happen because only the ones being target get it–others keep low or don’t know.