The past few years have brought a lot of changes to HOA legislation across the country. Specifically, many laws are rolling out related to insurance requirements and community association maintenance and repairs.
Not all states are adopting new laws immediately, of course. But you can bet that many are looking to states like Florida and California, which both have strong legislation for HOAs, for guidance. As more and more states begin making changes, the likelihood of your HOA being impacted grows.
Regardless of when or where laws will begin taking effect, awareness is always key. And the reality is that too few HOA boards know what is happening legally or how to navigate the impacts on their communities.
What Can HOA Boards Do to Stay Up to Date?
There are plenty of ways that HOA boards can keep up with legislative changes in their area. This list is in no way exhaustive, but it’s a great starting point to build a foundation of legal knowledge to help your community navigate HOA laws going forward.
Engage HOA-Specific Legal Counsel
Every HOA should work with an attorney or law firm that specializes in community associations, HOAs, condos, etc. to guarantee they are getting the right kind of care when they need it. But your legal counsel is there for more than the complicated situations your HOA might encounter.
Working with them can provide valuable guidance and assistance in navigating legal changes. Lawyers experienced in this field can interpret new legislation, provide advice on compliance, and help with drafting or updating HOA governing documents to align with legal requirements.
Routinely Review and Update Your Governing Documents
Often, new HOA legislation will mean changes to the governing documents. This is especially true for older communities, as they were typically codified under different statutes. Specifically in Washington, there are now five statutes that govern community associations, and one of them will effectively replace the other four come Jan. 2028.
Regularly reviewing and updating governing documents such as bylaws, declarations, and rules will help ensure that they align with current legal standards. Updating them will also address any potential loopholes and reflect the evolving needs and priorities of the community. Having properly drafted and updated governing documents will also help minimize legal risks and conflicts.
Seek Out Professional Training and Education
Though the CAM industry is niche, there are many classes and educational opportunities to help board members navigate HOA legislation. Finding professional training and educational programs that focus on HOA law will be incredibly helpful, especially as new laws take effect. These types of classes will enable boards to stay on top of legal changes, and will ideally provide a deeper understanding of compliance requirements so boards can effectively manage legal issues that may arise.
If you’re struggling to find available courses, Community Association Institute (CAI) has local chapters in every state that may offer or recommend classes. Your attorney may also be a good resource for educational recommendations, and your management company may be able to help find online courses or other digital resources.
Network and Collaborate With Other Local Communities
Attending networking events, especially networking events specifically geared towards HOAs and community associations, can be a huge benefit. The same struggles you’re facing have been faced and are being faced by everyone in the industry. Gathering together to collaborate, share knowledge, and share resources is a great way to find new help options efficiently.
CAI will come in handy here, too, as the local chapters often host networking expos and events that other communities may attend. Scheduling time to stop by one of these events is a great first step in creating a network of knowledge for the future.
Stay Informed!
While HOA laws probably aren’t making national headlines on CNN, they are being talked about in state and local newspapers and on local news channels. Find a trusted selection of news sources to follow and regularly monitor them. Sign up for email alerts for articles with phrases like “HOA law” and “community association law” to get curated content sent straight to your inbox. Sign up for newsletters, magazines, and other publication outlets, too! Any news resources that speak about HOAs will almost certainly talk about major legislative changes for community associations, and will likely have tips and tricks just like this to help you navigate HOA law.
Partner With Professional CAM Managers
Your community manager should be your first phone call whenever you have questions about upcoming or new HOA legislation. CAMs are professionally certified to be experts in the field, and every single one should be aware of legal changes that will impact their community associations.If you’re having trouble staying up to date with new laws, contact us today. Our team of professional CAM managers is ready to help your HOA proactively stay ahead of legal changes and help minimize the risk of non-compliance, potential litigation, and reputational damage.
