Board Answers · Free

HOA & Condo Board Questions, Answered in Plain English

The questions boards and homeowners ask most - explained simply, with links to your state's law and our free board resources. This is orientation, not legal advice: your governing documents and state statute control, and your association's attorney interprets them.

Can an HOA foreclose on my home?

In most states an association can record a lien for unpaid assessments and, in many states, ultimately pursue foreclosure to collect it. But it is heavily regulated, usually a last resort after notice and payment-plan opportunities, and the specifics vary a lot by state - see your state's law page and consult your association's attorney.

How do we remove a board member?

Removal is governed by your bylaws and state law - usually a vote of the membership (often a supermajority) at a properly noticed meeting, and sometimes by the board for cause. Recall rules and notice requirements differ by state; follow your governing documents precisely and check your state law page.

What is a reserve study and does our association need one?

A reserve study is a professional analysis of your major components (roofs, roads, pools), their remaining life, and the funding needed to replace them - the foundation of a healthy reserve fund. A growing number of states require or encourage them, and good reserves prevent surprise special assessments. Reserve & capital planning is part of NeighborLink's full-service plans.

What's the difference between an HOA and a condominium association?

In an HOA you typically own your lot and home while the association maintains common areas; in a condominium you own the interior unit and share ownership of the building and common elements. They're usually governed by different state statutes - your state page lists both.

Can our HOA raise dues or charge a special assessment?

Yes - within the limits your governing documents and state law set. Regular assessments are set through the annual budget; a special assessment for an unbudgeted cost often requires added notice and, above a certain amount, a membership vote. Check your CC&Rs and state law.

What are CC&Rs and can they be changed?

CC&Rs (the Declaration) are the recorded covenants that create the community and bind every owner. They can be amended, but it typically takes a supermajority owner vote and recording - a higher bar than adopting ordinary rules & regulations.

How can an HOA fine a homeowner, and can a fine be challenged?

Associations may fine for rule violations where their documents and state law allow, but due process usually applies - notice, a chance to cure, and an opportunity to be heard before the fine stands. Enforcement must be even-handed; selective enforcement is a common legal pitfall. See your state law page.

What is an estoppel or resale certificate, and who pays for it?

An estoppel / resale certificate states an owner's account status and key association details at closing so buyers and lenders know what they're inheriting. The seller usually pays a fee (capped by law in some states). NeighborLink communities order these through Klozed.

Can the board meet in executive (closed) session?

Yes - for limited, sensitive matters like legal advice, personnel, contracts, and delinquencies, as your state law permits (executive session). General business belongs in open, noticed meetings, with decisions ratified in the open. Rules vary by state - check your state page.

What is a quorum, and what happens if we can't reach one?

A quorum is the minimum participation needed for a meeting or vote to be valid. Miss it and business can't proceed - which is why proxies and online voting matter. Online voting and quorum tracking are included in every NeighborLink plan; see pricing.

Are HOA board members personally liable?

Directors owe a fiduciary duty and can face liability for self-dealing, gross negligence, or discriminatory enforcement - but even-handed rules, good documentation, and D&O insurance provide strong protection. Board education is the best defense; see why boards join CAI.

Can an HOA restrict rentals or short-term rentals?

Often yes - if the CC&Rs authorize it or are properly amended - but rental and short-term-rental restrictions are increasingly shaped by state law, including grandfathering and notice rules. Confirm on your state law page and with counsel before enforcing.

Who is responsible for a repair - the owner or the association?

It depends on the component and your documents. Generally the association maintains common elements and owners maintain their unit or lot - but limited common elements and the maintenance chart in your CC&Rs decide the gray areas.

How do we transition from the developer to an owner-controlled board?

Turnover is when control passes from the developer to an owner-elected board. It's records-, funds-, and warranty-heavy - line up a transition review, a reserve study, and often counsel to catch construction and document gaps. NeighborLink runs this through guided onboarding.

What records can homeowners inspect?

Most states give owners a right to inspect core records - financials, minutes, contracts, and governing documents - on reasonable notice, with limits for privileged or personal information. Exactly what and how is set by your state law. NeighborLink keeps records owner-accessible in Link360.

How do HOA elections and proxies work?

Elections follow your bylaws: notice, nominations, a quorum, and a vote - often with proxies or online ballots to reach quorum. Many states now regulate election and secret-ballot procedures. Secure online voting is included in every NeighborLink plan.

Still have a question?

Every state page has a plain-English overview of the laws that protect your community, and Linc, our AI assistant, can point you to the right resource. For your specific situation, talk to your association's attorney - browse CCAL fellows by state.

General educational information only, not legal advice, and not specific to your community. Laws differ by state and change over time; confirm current requirements with your governing documents, your state statute (see Service Areas), and your attorney.