State law pointers

HOA laws by state

Where to find the law that governs your association, on official legislature and agency websites. For four states we also summarize the records and fine rules, with the section number so you can read it yourself.

StateMain HOA lawWhat we’ve verified
ArizonaPlanned Communities Act, A.R.S. title 33, chapter 16 (§ 33-1801 and following)

Records: A.R.S. § 33-1805: the association has ten business days to make records available for examination, and ten business days to provide copies when asked. It may not charge for making records available for review, and may charge no more than fifteen cents per page for copies. Some records, such as attorney-client communications and pending litigation, may be withheld.

CaliforniaDavis-Stirling Common Interest Development Act, Civil Code § 4000 and following

Records: Civil Code § 5210: records from the current fiscal year must be made available within 10 business days of the association’s receipt of a proper request, and records from the previous two fiscal years within 30 calendar days.

Fines: Civil Code § 5855: before the board meets to impose discipline, it must give the member written notice at least 10 days before the meeting, including the alleged violation and the member’s right to attend and speak. The member may ask for executive session, and has the chance to cure the violation before the meeting.

ColoradoColorado Common Interest Ownership Act (CCIOA), C.R.S. title 38, article 33.3Link to the statute only. Read the text or ask a local attorney for specifics.
FloridaHomeowners’ Associations, Florida Statutes chapter 720

Records: Fla. Stat. § 720.303(5): official records must be made available within 10 business days after the board receives a written request. If a request sent by certified mail, return receipt requested, isn’t honored in that time, the law presumes the failure was willful, and the owner can recover actual damages or minimum damages of $50 per calendar day for up to 10 days, starting on the 11th business day.

Fines: Fla. Stat. § 720.305(2): fines may not exceed $100 per violation, or $1,000 in the aggregate for a continuing violation, unless the governing documents say otherwise. A fine under $1,000 may not become a lien. Before a fine or suspension, the board must give at least 14 days’ written notice of the owner’s right to a hearing before a committee of at least three members.

MarylandMaryland Homeowners Association Act, Real Property Article title 11BLink to the statute only. Read the text or ask a local attorney for specifics.
NevadaCommon-Interest Ownership (Uniform Act), NRS chapter 116Link to the statute only. Read the text or ask a local attorney for specifics.
North CarolinaNorth Carolina Planned Community Act, G.S. chapter 47FLink to the statute only. Read the text or ask a local attorney for specifics.
South CarolinaHomeowners Association Act, S.C. Code title 27, chapter 30Link to the statute only. Read the text or ask a local attorney for specifics.
TexasTexas Residential Property Owners Protection Act, Property Code chapter 209

Records: Prop. Code § 209.005: an owner may request records by certified mail. Within 10 business days the association must provide the records or give dates for inspection. If it can’t, it must send written notice and produce the records no later than 15 business days after that notice.

Fines: Prop. Code §§ 209.006–.007: before most enforcement actions, the association must send written notice by certified mail describing the violation and any amount due, give a reasonable cure period for curable violations, and tell the owner they may request a hearing on or before the 30th day after the notice was mailed. The hearing must be held within 30 days after the association receives the request.

VirginiaVirginia Property Owners’ Association Act, Code of Virginia title 55.1, chapter 18Link to the statute only. Read the text or ask a local attorney for specifics.
WashingtonWashington Uniform Common Interest Ownership Act, RCW 64.90 (and the older Homeowners’ Associations Act, RCW 64.38)Link to the statute only. Read the text or ask a local attorney for specifics.

Which law applies to you?

Many states have more than one community association law. Condominiums are usually governed by a condominium act, and single-family HOAs by a separate homeowners’ or planned community act. Florida, for example, has chapter 718 for condominiums and chapter 720 for homeowners’ associations. Older communities may be governed by an older act unless they’ve opted into a newer one. Washington has both the newer Uniform Common Interest Ownership Act (RCW 64.90) and the older Homeowners’ Associations Act (RCW 64.38). Your declaration usually says which statute the community was created under.

State law vs. your governing documents

Think of it as a hierarchy. Federal and state law come first, then the declaration (CC&Rs), then the articles and bylaws, then the board’s rules. A rule that conflicts with the declaration, or a declaration provision that conflicts with state law, generally gives way. That’s why it’s worth checking the statute before you accept that “the bylaws say so.” See reading your HOA documents.

State offices that can help

A few states have an office for community association questions, such as Virginia’s Common Interest Community Ombudsman and Colorado’s HOA Information & Resource Center. These offices typically explain the law and may take complaints, but they don’t act as your lawyer. In most states there’s no HOA regulator at all, and disputes go through the association’s own procedures, mediation, or the courts.

Why we don’t cover every state yet

We only add a state after we’ve read the statute on an official site and can cite the section. We’re working through the rest. If your state is missing, the state legislature’s website is the authoritative source. Search it for “homeowners association,” “planned community,” or “common interest.”