Governing agency

Started by MichaelS56 • 5 replies • 251 views

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MichaelS56 (Minnesota)
Posts: 859

Posted:

Minnesota has Condo/HOA laws 515B etc but there is not an agency at any level of government that makes sure these laws are followed. Are there any states that have an agency at any level that monitors the Condos or HOA's?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Why you want MORE government in your life?

Former HOA President

AugustinD
Posts: 3,698

Posted:

-- I think the OP means, "What states have agencies, other than the courts, that will help with enforcing covenants and Bylaws?"

-- Virginia, Maryland (certain counties), Florida, and Arizona all have agencies that will assist with some to all categories of covenant and bylaw enforcement.

-- My best guess is that Arizona's agency may be the most effective.

-- Each state's Secretary of State does some monitoring of nonprofit corporations.

SheliaH (Indiana)
Posts: 6,964

Posted:

In a few states, you might be able to file a complaint with the consumer protection agency (usually in the attorney general's office). That said, you may still end up taking legal action on your own because the state doesn't represent individuals in private legal disputes.

Even with state law, you have to look at the effective date. Some laws will apply to all HOAs regardless of when they were established, and others will apply to HOAs that were established after a certain date.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,061

Posted:

Some States have set up ombudsman offices where members can make complaints about violating statutes (not governing documents). In VA, the ombudsman reports to a board that can issue a monetary penalty for failing to follow statutes but that is it. A decision by the ombudsman in favor of the member can give the member incredible standing if they take the issue to court.

Keep in mind that there are civil laws and criminal laws. HOA/COA laws are considered civil laws.
Governments enforce criminal laws.
Civil laws are enforced by the courts if the parties involved can not work things out.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Michael,

The question raised in this thread is very similar to the question raised in one of your other posts:

Subject: Cities love Condos and townhome associaitons

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