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Subject: Regulation?
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Author Messages
EmilyA
(Texas)

Posts:1


07/06/2006 3:30 PM  
Is there any official office that regulates the activities of H.O.A., I feel like I need professional advice and do not know where to go.
GeraldT1


Posts:0


07/06/2006 4:41 PM  
EmilyA,

Check online to find your state department of community affairs. In my state, there policies override portions of my governing documents, i.e. Open Meeting Act, etc.

GeraldT1
BradP
(Kansas)

Posts:2640


07/06/2006 6:48 PM  
Secretary of your State might be able to help
RogerB
(Colorado)

Posts:5067


07/06/2006 7:44 PM  
Emily, you did not say which state. In Coloradao there is no specific office. There are laws, ordinances, and restrictions.
BrianB
(California)

Posts:2820


07/06/2006 8:40 PM  
gerald, you should check that Open Meeting Act. In most cases, those laws apply only to governmental agencies and departments. Not sure what state you are in and what the statutes are there, but double check. You may find out that your HOA is regulated as a business, and not subject to open meetings laws.

GeraldT1


Posts:0


07/07/2006 5:54 AM  
Hey BrianB,

My HOA is subject to the Open Meetings Act. The NJ Department of Community Affairs requests adherence to the mandated insertion of Open Public Meeting (OPM) requirements into an association’s by-laws. However, even if the OPM requirements are not inserted into an association’s by-laws, the law requires associations to comply with them. The DCA office will take the necessary measures to ensure compliance by the association.

See the following link:

http://www.state.nj.us/dca/codes/newhome_warranty/assoc_regs_initiative.shtml

GeraldT1
RogerB
(Colorado)

Posts:5067


07/07/2006 6:54 AM  
Gerald, you stated: "The DCA office will take the necessary measures to ensure compliance by the association." However at the link provide,
http://www.state.nj.us/dca/codes/newhome_warranty/assoc_regs_initiative.shtml, it states: "We are not empowered to enforce either Title 15A or your by-laws."

Does anyone know of a governmental agency in their state which has the power to enforce compliance to the laws which apply to an HOA? There has been discussion about an ombudsman, is this the best approach?
WilliamT
(Arizona)

Posts:489


07/07/2006 7:32 AM  
Posted By RogerB on 07/07/2006 6:54 AM


Does anyone know of a governmental agency in their state which has the power to enforce compliance to the laws which apply to an HOA? There has been discussion about an ombudsman, is this the best approach?


Isn't the Attorney General the one who is responsible for enforcing all of the state statutes, including planned communities and condiminiums? And that would be accomplished through the normal court process.

On September 6, this new bill goes into effect in Arizona:


<<<HB 2824:

ADMINISTRATIVE LAW JUDGES:

Administrative law judges now have jurisdiction to decide complaints between owners and associations. For a dispute between an owner and an association, the owner or association may petition for a hearing concerning a violation of the association documents or state law (a nonrefundable filing fee must be paid by the petitioner). The administrative law judge may order any party to abide by Arizona law or the association’s documents and may levy a civil penalty on the basis of each violation.

Applies to planned communities and condominiums.>>>

I don't have details on what the filing fee will be, nor have I heard discussion on the merits of this new system, however, it does appear that the Administrative Law Judge has the jurisdiction and that is the way one would have to proceed.

Bill

GeraldT1


Posts:0


07/07/2006 7:41 AM  
RogerB,

I quoted it from the the DCA site, it was their statement. Title 15A is mentioned in relation to manual audits. Your quoting from the site they, "are not empowered to enforce either Title 15A or your by-laws" is in contradiction to their statement that they are. If you scroll down to the bottom, you'll see. There are links to complaint forms, they are not their to waste time on something the DCA cannot enforce.

Once again, the DCA will take the necessary measures to ensure and enforce compliance by the associaiton, the New Jersey DCA office has oversight.

The purpose of my mention of DCA is to provide an option to Emily to research in relation to her original discussion blog.

GeraldT1
BrianB
(California)

Posts:2820


07/07/2006 10:29 AM  
Ah, I see where we are cross threaded: we are talking about different definitions of "Open Meetings" laws.

Your state law (and Arizona's) does indeed require that certain baord meetings be open to owners. no question there, you are absolutely right that there is an open meeting law governing the HOA.

However, when I hear "Open Meetings" laws, I think of the statutes that govern public agencies, and require them to allow any member of the public open access to their meetings (ie, transparency). HOA's are not covered by those laws, as they are not governmental or public agencies. We do not have to allow John Smith access to our records or meetings, unless he is an owner. Nor do we need to allow reporters, etc. access, as is sometimes claimed by people.

Thanks for taking the time to clarify that!



GeraldT1


Posts:0


07/07/2006 11:09 AM  
Hey BrianB,

No problem, as a matter of fact I had to triple check the fine print myself when I first read it because I wanted to be sure my HOA was complying. Hopefully Emily reads these and has some luck in her efforts!!

GeraldT1
BrianB
(California)

Posts:2820


07/07/2006 3:37 PM  
triple reading is warranted. I advise everyone to read, backwards and forwards, any rule a half dozen times, then go back and read it again. I then advise reading the scopes and definitions of terms used... Don't think you know what an XXXX is until you read the exact definition of it in the regs. It's not "what you think", it's "what is defined".
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