The legal system isn’t generally known for its speed, but that doesn’t mean changes are slow or gradual when it comes to condo and HOA legislation.

If you live in a state or province subject to extensive statutory frameworks, changes occur often, and can hit hard depending on what the new law requires.

Keeping up can be a challenge, but there are tools and resources available to help with this ongoing responsibility.

Table of contents

• What do condo and HOA laws aim to achieve?
• Which laws take precedence?
• Consequences of non-compliance
• How to keep up with evolving laws

What do condo and HOA laws aim to achieve?

Condo and HOA legislation can cover a wide variety of issues, but at their core, the laws aim to fix problems impacting communities.  In many cases, laws are passed to provide more rights or protections to owners and residents. But to achieve that goal, the law could target anything from finances to accessibility standards to record distribution.

Not all laws are well-received, and sometimes, politicians must amend laws to make them less burdensome.

A good example is the set of laws passed by the state of Florida following the Surfside condominium collapse. To prevent such a devastating tragedy from occurring again, a number of laws were introduced, including mandatory structural integrity inspections and reserve fund requirements.

However, these new laws ended up putting significant financial pressure on many owners living in older condo buildings.

It was obvious that the new laws had created new issues for owners, so Florida’s House and Senate advanced different bills. A compromise was eventually found, and a new bill, which goes into effect July 1, 2025, pushes back the deadline for completing a structural integrity inspection and allows condo associations a two-year grace period in fully funding reserves, among other things.

Which laws take precedence?

Communities must follow their CC&Rs, but federal laws take precedence above all other laws.

State/provincial laws and Acts come next, followed by governing documents. 

Courts have authority to interpret and apply laws, but do not create them. Court orders are appealable and reversible, though most decisions made by a judge are final.

Some states and provinces like Florida, California, Michigan, Ontario and Alberta have extensive laws for governed communities to follow. Others have fewer laws and allow individual communities to create rules that make sense for them.

Consequences of non-compliance

What happens if your community decides to ignore a law? It depends, but condos and HOAs are advised to comply with all laws as best they can.

In some cases, nothing will happen if a new law is overlooked. Let’s say a recent law requires condo communities to provide records to owners in 15 business days instead of 20 business days. However, a condo does not implement this change. If no one complains about it, then nothing is likely to happen.

But, there are steep penalties for ignoring something like Local Law 97 in New York. And because other governing bodies are involved in this large-scale green initiative, communities will be fined if they fail to comply.   

Some consequences of non-compliance include:

• Potential fines and penalties that can strain associations and impact budgets
• Exposure to lawsuits from residents or third parties over safety, discrimination, or governance issues
• Increased insurance rates or denial of coverage due to non-compliance
• Diminished property values and community trust

How to keep up with evolving laws

You’ve got so much to think about already. How can you make room for this ongoing responsibility?

There are a few strategies that will make this task more manageable.

Get updates from your property manager or lawyer

If you belong to a board that has hired a property manager, make sure you’re getting updates on new legislation regularly. Your manager should be available to guide you through legislative changes.  

If you are the property manager, or are a self-managed community, start by consulting with a lawyer who specializes in condo/HOA matters. Many law firms send out emails to anyone who requests to be added to a subscription list. These emails will have lots of useful information, including notices about new legislation.   

Moreover, legal experts will help you not only understand new laws, but also make necessary amendments to governing documents, and assist with enforcement matters.  

Sign up for training or continued education

Serving a community requires you to wear many hats. You’re not expected to know everything, but you can strengthen weak areas by enrolling in training or continued learning programs.

Speaking of laws, some jurisdictions require board members and/or property managers to enroll in educational programs. However, even if that’s not the case, getting credible information that you can apply to improve governance is always beneficial.

Check out the Community Association Institute (CAI), Canadian Condominium Institute (CCI), First Service Residential, or a few local law firms serving your area for classes, webinars and publications.  

Check trusted industry resources regularly

The CAI and CCI are both excellent resources to consult when seeking updates about laws. But don’t forget about local resources that often provide more in-depth coverage. News outlets, service providers and even realtors will write about new condo/HOA legislation if the law is significant enough.

You can also refer to Condo Control’s article database for information about new and recent laws.

Property management software

As a condo or HOA board member, your responsibility doesn’t stop at staying updated on new laws; it extends to ensuring residents in your community are informed as well. And although software can’t tell you when a new law has passed, it can help with compliance.

When a new law comes into effect, having a strong communication tool will help with awareness. Send a mass message to residents via email or text, or post the notice on the community’s website. Using digital communication avenues is not only faster, but also more cost-effective, too.   

If the new law pertains to records, you can rest assured that your documents are safe and accessible when a software like Condo Control is involved.

From service requests to reports, admins can pull information in seconds, no matter where they are.

If records need to be shared with the community, they can be uploaded directly to a document library. Organize folders and set permissions to ensure private information is only available to authorized people.    

Property management software has become refreshingly flexible, and can help with regulatory compliance in more ways than you may have realized.

Conclusion

Passing a law is not generally a quick process because it takes so many people to approve it. However, once it comes into effect, condos and HOAs don’t always have the luxury of time when it comes to implementation.

The good news is that when a significant bill is in the House or Senate, it becomes public information. A news outlet or law firm will report on its progress and share insights about what will happen if the bill is passed. This gives communities some time to take proactive steps, if necessary.