State HOA Laws: What Your Board Needs to Know

HOA management isn't just about property maintenance and financial management — it's a legally regulated activity. State statutes govern how assessments are collected, how meetings are conducted, how records are maintained, and how disputes are resolved.

A management company that doesn't understand your state's specific requirements is a liability, not an asset. When evaluating management companies, one of the most important screening questions is: "Are you familiar with [your state's governing statute]?"

Below is an overview of how states approach HOA regulation. For detailed information about your specific state, visit our state pages where we provide statute citations, licensing requirements, and recent legislative changes.

Most states have one or more of these types of HOA-related statutes:

Planned community / HOA acts

These govern homeowners associations in single-family and townhome communities. Examples: Illinois Common Interest Community Association Act (765 ILCS 160), Virginia Property Owners' Association Act, Texas Property Code Chapter 209.

Condominium acts

Separate statutes governing condominium associations, which have different legal structures due to shared building ownership. Examples: Florida Condominium Act (Ch. 718), California Davis-Stirling Act, Colorado Common Interest Ownership Act.

Nonprofit corporation acts

Since most HOAs are structured as nonprofit corporations, state nonprofit corporation law provides a baseline for governance, meetings, voting, and director duties.

Your community may be subject to one or more of these statutes depending on its structure. Your management company and legal counsel should be able to identify which laws apply to your specific association.

States fall into three categories regarding community association manager licensing:

States requiring manager licensing

These states require community association managers to hold a state-issued license: Florida, Georgia, Nevada, California, Connecticut, Illinois, and several others. Licensing typically requires education coursework, an examination, continuing education, and sometimes background checks.

In these states, verify that your management company and assigned manager hold current licenses. License databases are typically searchable online through the state licensing authority.

States with voluntary certification

Many states don't require licensing but recognize professional certifications like CMCA (Certified Manager of Community Associations), AMS (Association Management Specialist), and PCAM (Professional Community Association Manager) from the Community Associations Institute.

States with no licensing requirements

Some states have no licensing or certification requirements for community association managers. In these states, professional certifications and experience become even more important screening criteria.

Several significant legislative changes are affecting HOA management nationwide:

Post-Surfside structural safety

Following the 2021 Champlain Towers South collapse in Surfside, Florida, Florida passed SB 4-D requiring structural integrity reserve studies and milestone inspections for condominiums three stories or higher. Other states are considering similar legislation.

Reserve funding requirements

Multiple states have strengthened reserve study requirements, limiting boards' ability to waive or reduce reserve contributions. This trend protects homeowners from underfunded reserves but increases annual assessment obligations.

Transparency and homeowner rights

A general legislative trend toward greater transparency: electronic access to records, restrictions on closed board meetings, requirements for financial audits, and stronger protections against retaliatory enforcement.

Solar and EV charging rights

An increasing number of states are restricting HOAs' ability to prohibit solar panels, EV charging stations, and other sustainability improvements, reflecting evolving environmental policy.

Stay current with your state's legislative changes by visiting your state page on Match HOA, where we track recent legal developments affecting community associations.