Homeowners associations (HOAs) are predominantly shaped by state law. They are authorized by state legislatures through enacted statutes, and their operation is mainly directed by these state laws and regulations. However, this does not imply that federal laws are without influence.
A number of federal laws exert direct control over the operations of HOAs, stipulating what an association can and cannot do, and offering safeguards for homeowners and the general public.
Even unintentional violations of federal law can lead to severe penalties. Thus, it's critical that homeowners, board members, and officers are well-versed with the federal laws that pertain to HOAs.
Article 33-1801 is a legal provision that sets the rules regarding the applicability, exemptions, and voluntary election of planned communities. To put it simply, it lays out the guidelines for what type of communities this chapter applies to, who is exempted, and the conditions under which a community can voluntarily choose to be governed by this chapter.
Article 33-1803 is a key legal provision that addresses the issue of assessment limitations, penalties, and the provision of notice to a member in case of a violation in planned communities. The statute includes several important elements, each of which is necessary to understand the broader context.
Article 33-1805 outlines the regulations governing the accessibility and disclosure of an association's financial and other records in planned communities. This statute defines the rights of members regarding the examination of these records, the association's obligations, and the exceptions where certain records may be withheld.