Regulatory requirements

In the context of a homeowner association (HOA), regulatory requirements refer to a broad spectrum of rules, regulations, and laws that the HOA must comply with. These regulations can come from various levels of government, including federal and state laws, as well as local ordinances. Additionally, the HOA is bound by its own set of regulations, as outlined in its governing documents—such as the Articles of Incorporation, Bylaws, and Declaration of Covenants, Conditions, and Restrictions (CC&Rs).

Federal Laws

Federal laws applicable to HOAs mainly surround non-discrimination and fair housing. The Fair Housing Act prohibits HOAs from discriminating based on race, color, national origin, religion, sex, familial status, or disability. The Federal Communications Commission (FCC) also has rules regarding the use of antennas and satellite dishes within HOA communities.

State Laws

State laws governing HOAs vary from state to state, but they often mandate how an HOA should operate, including rules around meetings, elections, and financial disclosures. They also dictate how disputes between homeowners and the HOA should be handled.

Local Ordinances

Local ordinances, such as zoning laws, noise ordinances, or health and safety codes, also apply to HOAs. HOAs must ensure their rules do not conflict with these local laws.

Governing Documents

Lastly, an HOA’s own governing documents act as a regulatory requirement. These documents outline the rules of the community and how the HOA is run. Homeowners are contractually obligated to follow these rules upon purchasing a property within the HOA.