Take Action on HOA Legislation Now

This year, over 85% of state legislative officials are up for re-election. This provides a unique opportunity for condo or homeowners’ association (HOA) board members and residents to influence HOA law. State representatives are eager to listen to your concerns and ideas.

Across the country, various legislative initiatives could greatly impact community associations. Let’s explore these issues and, most importantly, how you can make a difference in HOA law.

Four important issues to consider

The Community Associations Institute (CAI) monitors legislative developments nationwide that affect community associations. They've highlighted four key issues that could have a major impact on association living.

Priority liens: In many states, associations have the power to place liens on homes for overdue assessments. At least nine states are considering repealing this practice. Although a last resort, liens ensure everyone contributes fairly to a well-funded association.

Construction defect warranties: Builders and developers nationwide are working to limit construction defect warranties, which reduce essential consumer protections for homeowners and associations.

Mandatory arbitration: Traditionally, arbitration has been supported in association disputes as a less costly alternative to litigation. However, current proposals could make arbitration obligatory, removing the element of choice.

Disclosure document fees: Proposed legislation aims to cap these fees as a consumer protection act. However, the caps do not cover actual costs, potentially leading to higher dues for association members akin to an additional tax.

Discover what’s happening in your state

Many proposed legislative changes, and numerous others not mentioned, may directly affect you. The CAI provides a comprehensive state-by-state analysis, offering insights into which issues may impact your community. This knowledge empowers you to take timely action.

Ways to support or oppose legislation

Getting involved is crucial, as these legislative proposals directly affect your community. Writing or calling your state representatives is a straightforward way to express concerns. With many officials up for re-election, they are especially receptive to constituent feedback. Invite legislators to association events or meetings for firsthand perspectives on your community’s value. Additionally, emulate practices like the bi-annual “Day at the Capitol” in Nevada, where board members engage with representatives in person. Above all, be a proactive advocate for association living in all your interactions.

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