what states have an association law

Started by JoeS4 • 11 replies • 2898 views

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JoeS4 (Kentucky)
Posts: 77

Posted:

I'm aware of the davis-stirling act in Cal. and I would like to know what other states have similar type of laws and the names to give to my local legislator to see what our state can get done, we only have condo/time share laws along with normal real estate laws so far which are NOT specific enough for associations.

Thanks for your help

ClaudeV (Florida)
Posts: 86

Posted:

Joe,

Are you in California? If not, which state ARE you in?

You can get an example of Florida's HOA law/statute by googling Florida Statute 720.
You may be able to get a list by googling "states with HOA laws"

Good luck! Most states that HAVE HOA laws on the books only provide a framework for organization and requirements. The state itself doesn't "enforce" anything. The provisions for legal recourses etc are contaiined in the statutes. Basically, if you have an HOA and it's covered by, and in accordance with, your state statutes...from that point on -- your on your own!

That is one of the most frustrating aspects about an HOA in Florida. Individuals have to take individual legal actions as outlined by the statute, but there is no state agency one could call to complain to about the HOA....you have to do that yourself through the legal process...and it get PRICY! Hence the frustration since MOST folks cannot afford to do that and MANY badly run HOA's BODs KNOW that too! They all too often take advantage of the situation. :-(

JoeS4 (Kentucky)
Posts: 77

Posted:

Thanks, I'm in Kentucky

HaroldS (Arizona)
Posts: 906

Posted:

Here are Arizona's laws, scroll down to Chapter 9 for condos and Chapter 16 for planned communities. Good luck.
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=33

HolleyW (Kentucky)
Posts: 2

Posted:

I am also in Kentucky, does that mean that there are no laws in KY.

JoeS4 (Kentucky)
Posts: 77

Posted:

There are plenty of real estate laws and condo/time share laws in kentucky, were just short on association laws and enforcement. I'm going through the judicial arena right now trying to find cases for our community.

CynthiaD (Nevada)
Posts: 20

Posted:

I found this for ILLINOIS Board of Managers and Condominium Law
http://www.barnettlawfirmltd.com/lawtext/ILLINOIS%20CONDOMINIUM%20PROPERTY%20ACT.pdf <<
I feel Nevada has adequate, responsible, logical legislation. Of course, someone will contest this statement--however, it is my opinion. There are, in fact, numerous good people in Nevada who serve others in the interest of others, not just themselves. Maybe you can imagine how you as a property owner, your Board, your neighbors, your community manager fit into NRS 116.
STATE OF NEVADA REVISED STATUTES (NRS 116)
http://www.leg.state.nv.us/NRS/NRS-116.html
If anyone finds something in here that strikes a nerve or if you feel it is inadequate or could be better in some way, please post your comments and reply.

NEVADA SECRETARY OF STATE - SOS http://sos.state.nv.us (Homeowner Associations, Unit-Owners/Condominium Owners Associations) are non-profit corporations and therefore must be in compliance with NRS - Chapter 78 www.leg.state.nv.us/nrs/NRS-078.html Beware if your community is in DEFAULT by not submitting annual payment or providing list of officers timely (date officers due could be different). You can look up your community or any legal business or officer's name or Resident Agents name, i.e., who manages it or receives certifieds & legal documents for the business, ie, association.
http://sos.state.nv.us/

STATE OF NEVADA Department of Business and Industry REAL ESTATE DIVISION
COMMON-INTEREST COMMUNITITES-Gail Anderson, Administrator, is great!
http://www.red.state.nv.us/CIC/cic_home.htm

Senate Bills-let's not forget those http://www.leg.state.nv.us.Senate You need to research know which session to look up e.g., SB100 in Nevada 73rd session and get the latest report.

http://www.leg.state.nv.us/nrs/NRS-645 Governs real estate industry and sale people and property managers (those that fix the leak in the sink, not the Community (Association)Manager which is governed by NRS 116-Gail Anderson oversees CIC's too). This section is really the beginning of your HOA/Condo selling/buying experience in Nevada. PLEASE READ THE 7/1/06 REQUIRED RESIDENTIAL DISCLOSURE GUIDE - A few things you should know before buying or selling a home in Nevada. [email protected] is me if you have more questions.
Also read frequently asked questions http://www.red.state.nv.us/faq-disclosure.pdf

http://www.leg.state.nv.us.nv/nrs/NRS-040 Actions ande Proceddings in Particular Cases Concerning Property (Nuisance, waste, willful tresspass: Summary proceedings for obtaining possession of real property, recreational vehicles, mobile homes; Actions for foreclosure...sale, deficiency judgments, CONSTRUCTION DEFECT, etc.

http://www.nvcontractorsboard.com State of Nevada Contractor's Board

http://www.lasvegasnevada.gov/ Refer to your cities regulations, ordinances LAS VEGAS has anuimal, trash, vehicles fire hazards weeds and other application to associations Some are applicable regardless of your documents. Building Permits is sometimes an issue for an association or between neighbors.

Counties may have something to say also about your association and your business. Clark County of which Las Vegas is in http://www.co.clark.nv.us/

And finally, here's a good wone for water smart landscaping, finding out about trees and plants in Nevada www.snwa.com

JosephW (Michigan)
Posts: 882

Posted:

Here's the lonk to probably the most current list of state laws:

http://www.communityassociations.net/state_laws.html

Joe

Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal

JohnM3 (Florida)
Posts: 288

Posted:

Claude you are wrong my friend go to the state licenseing boards for property managers and go to mystate florida and the proper address is there period. I think you ought to serve on a board before you complain at all

treas
Hampshire Homes HOA 12 years + 8 years as VP

LizJ (Florida)
Posts: 34

Posted:

Claude is right about trouble getting things addressed, enforced by the little guy. In fact, my board president has stated at board meetings that we should just refuse to make concessions because after all, "None of these people have got the money to hire a lawyer and sue us. . ." Nice attitude, huh? Gives you a REAL sense of community.

FL does have a separate chapter devoted to HOA law and there are relatively new provisions under the FL Land Sales and Mobile Home provisions (not sure how they got there) that set out circumstances for election complaints and some other specific grievances. You can file for approx $200 if your issue matches the statutes, but you must also submit to mandatory arbitration or mediation depending on the issue prior to pursuing any litigation.

GlenL (Ohio)
Posts: 5,491

Posted:

You can also try this link:
http://communitiesonline.org/laws/

Studies show that 5 out of 4 people have problems with fractions

JackT1 (Alaska)
Posts: 41

Posted:

FL HOA. Lived in one 4 years. Sold. Left. Problems with HOA there are gone. Still trying to get money back from a golf club equity membership. Comments?

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