condo law resources
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The Oregon Legal Research weblog had a post today linking to some resources on condo and homeowner association law in that state. Laurie Orr’s piece reminded me that many homebuyers and homeowners (including accidental board members) could use a compilation of resources related to condo and co-op law, common interest developments (CIDs), homeowner associations, and their CC&R spawn — “covenants, conditions and restrictions.”
Keeping in mind that Condo Law is mostly a matter of state and local law, the following sources could be useful places for the consumer who needs to get a feel for the relevant concepts, rights, responsibilites, and pitfalls.
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The Community Associations Institute (CAI) offers a free download of its brochure “Community Matters – What You Should Know Before You Buy” It “explains the nature, benefits, and obligations of community association living. It addresses governance, rules, assessments, and homeowner expectations and highlights 14 questions potential buyers should answer before buying.” CIA’s weblog Ungated, also has relevant information, as does the 22-page booklet “The Homeowner & the Community Association” [it’s $2.95, but you can get one free copy with your SASE], and the book Community Association Legal Counsel: How To Select and Use An Attorney.
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The Association Times website has a useful Glossary of Terms, and an extensive State Resources Page that contains links to relevant State Laws, as well as Local CAI Chapters.
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Nolo.com has a brief article: Understanding Homeowners’ Associations and CC&R.
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HALT’s Citizens Legal Guide: Condos, Co-ops & Homeowners Associations: What You Need to Know gives a good summary of things you need to know and think about. It points out “Community associations, which govern housing developments such as condominium or cooperative buildings and townhouse developments, can exercise a tremendous amount of control over the residents living within them. A community association can — typically does — set out a number of restrictions. These rules can dictate what color you paint your house, what type of shrubs or flowers you plant in your yard or what your garbage can must look like. If you’re in the market for a condo, townhouse or co-op, there are some important things you should know about your rights and responsibilities within a community association.” (pdf version)
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CondoLawyers.com has a variety of relevant information,including a state-by-state list of condo statutes, a Primer on Duties and Authority of Association Boards, and an articles page, with titles such as “Abusive Boards: The FIght Against Them.” California lawyer Beth Grimm — your CondoGuru — has put together an informative website. For example, find a long list of articles here.
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The Condo Law website is run by three lawyers who say they have put together an easy-to-understand Database that “covers the National Condo Law for all fifty U. S. states, the District of Columbia, and even U.S. territories. It is the most comprehensive collection of condominium law questions and answers on the Internet.” Click here for a page listing the many topics covered. To access the information on the site, however, you must pay a modest registration fee (daily, monthly or annual).
