Can Cities and Counties create a City HOA Office

Can Cities and Counties create a City HOA Office to create ordinances to regulate HOAs and enforce the State Laws? 5/19/2024

I am Patrick Johansen, founder of HOA Reform Leaders National Group (HRLNG). We are a national organization with over 200 members from Florida in our organization.

We are suggesting the City of _____________create ordinances based on our Proposed Legislation (https://www.hoareformleaders.com) and create a City HOA Office that would enforce HOA State Laws and City Ordinances as described in our proposed legislation, to protect and benefit the homeowners of HOAs and COAs. We hope that you and the City Council will take a serious look at the information below and recognize the danger that your HOA and COA constituents, and maybe some of you, are exposed to by living in an HOA or COA.

As you are aware, the Florida State Laws, although they have many good laws in them, do not adequately protect homeowners from dishonest Board Members and Property Managers. HOA homeowners are at great risk of losing their life savings and even their homes to bad actors in the HOA industry. This was made quite clear by the Hammocks case that was prosecuted by Miami Dade State Attorney General Rundle. If you have not seen her news releases, here is the YouTube link to one; HOA CBS News with Office of Miami-Dade State Attorney Katherine Fernandez Rundle<https://www.youtube.com/watch?v=xIwQnEzvnkY> (Rundle starts at 8:50 in the video) and House Representative Juan Carlos Porras<https://fastdemocracy.com/bill-search/fl/legislators/FLL000450> is at the end. Note that Rundle refers to HOAs as Dictatorial Environments.

This recent survey by Rocket Mortgage shows that 57% of HOA Homeowners don’t like having an HOA; Assessing the Association - Homeowners Weigh in on the HOA | Rocket Mortgage<https://www.rocketmortgage.com/learn/assessing-the-association?>

This YouTube video reveals the dangers that HOA Homeowners face. It is by John Oliver (Homeowners Associations: Last Week Tonight with John Oliver (HBO) - YouTube<https://www.youtube.com/watch?v=qrizmAo17Os>) who does investigative reporting on current relevant issues and presents them in a comic format, outlines the dangers of living in HOAs. It is very easy to watch, quite humorous but when you realize that everything he is saying is true, it is quite terrifying. It is a video you might watch at home with your spouse, but there are a few curse words, just so you know that in case you have children.

You will see that the dangers he describes in his video are the same problems and solutions we present in our Proposed Legislation.

I have included the information below that you and I discussed. This information was supplied by Copilot. (Copilot is an artificial intelligence product offered by Microsoft). I would like to discuss our solutions with you and the other City Council members over a Zoom meeting to discuss your questions about our Proposed Legislation. The Proposed Legislation discusses changing the State Laws but the City would be able to incorporate these changes more quickly and could serve as an example to other cities and also the State.

You

Would a city have the authority to create a special office to oversee HOAs Boards and fine or sue them if they did not follow the state laws?

Copilot (Copilot is an artificial intelligence product offered by Microsoft)

Using the web

Yes, a city has the authority to create a special office or department to oversee homeowners association (HOA) boards and enforce regulations within its jurisdiction. While state laws provide a foundation for HOA governance, cities can take additional steps to ensure compliance and accountability. Here are some relevant points:

1. Florida HOA Laws:

* In Florida, homeowners’ associations (HOAs) are subject to specific state statutes outlined in the Florida Homeowners’ Association Act, found in Chapter 720 of the Florida Statutes. This comprehensive body of law governs HOAs throughout the state, addressing their governance, powers, and obligations<https://www.floridatoday.com/story/news/2024/04/09/homeowner-associations-hoa-rules-laws-statutes-florida-homes-condos-neighborhoods/73188203007/>1<https://www.steadily.com/blog/florida-hoa-laws-regulations>.

* Recent changes in Florida HOA laws include bills such as House Bill 919, which prevents HOAs from fining or suspending members without proper notice, and House Bill 437/Florida Statute 720.3045, which grants homeowners greater autonomy over their property<https://www.floridatoday.com/story/news/2024/04/09/homeowner-associations-hoa-rules-laws-statutes-florida-homes-condos-neighborhoods/73188203007/>1

2. City Charter and Local Regulations:

* The City Charter of_______________ outlines the city’s powers, responsibilities, and organizational structure. While it may not specifically mention creating an office for overseeing HOAs, the city can still enforce local regulations.

* Local Ordinances: Cities can create specific ordinances related to HOAs. These ordinances might cover aspects like board elections, transparency, architectural guidelines, and dispute resolution<https://www.hoamanagement.com/hoa-rules-override-state-law/>3

3. Collaboration with State Agencies:

* The City of ____________ can collaborate with state agencies overseeing HOAs to ensure consistent enforcement and compliance.

* While the city cannot directly create provisions that override state laws, it can enhance oversight and accountability within its boundaries.

In summary, the City of ____________ has the authority to create mechanisms for overseeing HOAs and enforcing state laws. Homeowners and HOAs should be aware of both state and local regulations to navigate their responsibilities effectively<https://www.floridatoday.com/story/news/2024/04/09/homeowner-associations-hoa-rules-laws-statutes-florida-homes-condos-neighborhoods/73188203007/>1

You

What laws give the city the power to do that?

Copilot

Using the web

Cities have the authority to regulate homeowners associations (HOAs) within their boundaries through a combination of state laws, local ordinances, and city codes. Let’s explore the sources of this authority:

1. State Laws:

* HOA Laws by State: State laws govern HOAs and provide the framework for their creation, operation, and termination. These laws vary from state to state but generally address aspects such as member meetings, voting rights, board elections, and disclosure requirements<https://ipropertymanagement.com/laws/hoa-rules-regulations>1<https://ipropertymanagement.com/laws/hoa-rules-regulations>.

* For example, in California, HOAs are governed by the Davis-Stirling Common Interest Development Act, found in the California Civil Code. This act applies to all common interest developments containing separate units and common elements or association memberships<https://ipropertymanagement.com/laws/california-hoa-rules-regulations>2<https://ipropertymanagement.com/laws/california-hoa-rules-regulations>.

2. Local Ordinances and City Codes:

* City Ordinances: Cities can create specific ordinances related to HOAs. These local regulations may cover various aspects, including board elections, transparency, architectural guidelines, and dispute resolution.

* Code Enforcement: Cities often have a code enforcement department responsible for enforcing local regulations. This office ensures compliance with city rules, including those related to HOAs. If an HOA violates city regulations, fines or legal action can be taken<https://ipropertymanagement.com/laws/hoa-rules-regulations>1<https://ipropertymanagement.com/laws/hoa-rules-regulations>.

3. Hierarchy of Authority:

* HOAs must follow a hierarchy of authority:

* Federal Laws: Applicable federal laws include the Americans with Disabilities Act, the Fair Housing Act, and the Code of Federal Regulations.

* State Laws: State laws oversee HOAs and provide the primary legal framework.

* City Ordinances: Local regulations take precedence over the HOA’s Covenants, Conditions, and Restrictions (CC&Rs) and rules. An association cannot compel residents to follow a rule that conflicts with local or city laws<https://www.hoamanagement.com/hoa-rules-override-state-law/>3<https://www.hoamanagement.com/hoa-rules-override-state-law/>.

In summary, cities derive their authority to regulate HOAs from a combination of state laws, local ordinances, and city codes. These mechanisms ensure that HOAs operate within legal boundaries while addressing the unique needs of each community. 😊

You

Would the city charter of ____________ _ allow it to create a special office to oversee HOAs Boards and fine or sue them if they did not follow the State Laws?

Copilot Using the web

The City of ____________ has the authority to create a special office or department to oversee homeowners association (HOA) boards and enforce regulations within its jurisdiction. While state laws provide a foundation for HOA governance, cities can take additional steps to ensure compliance and accountability. Here are some relevant points:

1. Florida HOA Laws:

2. City Charter and Local Regulations:

* The City Charter of ____________ outlines the city’s powers, responsibilities, and organizational structure. While it may not specifically mention creating an office for overseeing HOAs, the city can still enforce local regulations.

* Code Enforcement: The city’s code enforcement department ensures compliance with local rules. If an HOA violates city regulations, fines or legal action can be taken<https://www.floridatoday.com/story/news/2024/04/09/homeowner-associations-hoa-rules-laws-statutes-florida-homes-condos-neighborhoods/73188203007/>1<https://www.floridatoday.com/story/news/2024/04/09/homeowner-associations-hoa-rules-laws-statutes-florida-homes-condos-neighborhoods/73188203007/>.

3. Collaboration with State Agencies:

* The City of ______________ can collaborate with state agencies overseeing HOAs to ensure consistent enforcement and compliance.

* While the city cannot directly create provisions that override state laws, it can enhance oversight and accountability within its boundaries.

In summary, the City of ______________ has the authority to create mechanisms for overseeing HOAs and enforcing state laws. Homeowners and HOAs should be aware of both state and local regulations to navigate their responsibilities effectively<https://www.floridatoday.com/story/news/2024/04/09/homeowner-associations-hoa-rules-laws-statutes-florida-homes-condos-neighborhoods/73188203007/>1<.

Objection letter from Staff:

We will have to confirm this because it is a legal issue, but we’ve researched this in the past and found that Ch 720.302 FS is very clear that the authority to regulate HOA’s lies with the Florida Department of State under Ch 607 and 617 FS. If there was any question on that, there’d be other counties and cities in Florida already doing this.

Answer to Objection from Staff

720.302 FS States on its face that the State decided NOT to create a State Regulatory Body to oversee HOAs, thus leaving it open for cities to do so. See the highlighted portion of the full text of 720.302 at the bottom of this email. There is nothing in 720.302 that excludes cities from creating a City HOA Office to create regulations for HOAs and enforcing the State Laws and the City regulations.

I used Copilot, which is an Artificial Intelligence Product offered by Microsoft to obtain the answers below.

You

Is there any city or county in the USA that created its own regulations for HOAs

Copilot Using The web

Yes, there are cities and counties in the USA that have established their own regulations for homeowners associations (HOAs). While state laws often govern HOAs, local jurisdictions can also play a role in shaping HOA rules and requirements. Here are some key points:

State Laws and Uniformity:

Most states have laws that regulate the creation, operation, and termination of HOAs.
These state laws provide a baseline framework for HOA governance, including matters related to assessments, common areas, and member rights.
However, specific regulations can vary from state to state.

Local Regulations:

Cities and counties can create additional regulations that apply specifically to HOAs within their boundaries.
These local rules may address issues such as zoning, land use, property maintenance, and community standards.
Washington, D.C., for example, follows a unique hierarchy where federal laws take precedence, followed by Washington County laws and D.C.-specific laws, all of which overrule HOA rules1.

Conflict Resolution:

When there is a conflict between HOA rules and local laws, the local laws typically take precedence.
This ensures that homeowners’ rights are protected and that community governance aligns with broader legal requirements.

While state laws provide a baseline, some cities have unique rules. Here are a few examples:

San Francisco, California: San Francisco has its own local ordinances that impact HOAs. These may cover issues like rent control, tenant protections, and property maintenance1.
Miami Beach, Florida: Miami Beach has specific regulations related to short-term rentals, which can affect HOAs in the area1.
Boulder, Colorado: Boulder is known for its environmental consciousness, and its local regulations may influence HOA rules regarding landscaping, energy efficiency, and sustainable practices2.
Austin, Texas: Austin has a vibrant community with diverse neighborhoods. Local regulations may address zoning, historic preservation, and community engagement, impacting HOAs1.

Remember that each city’s regulations can vary, so it’s essential to check the specific rules applicable to your area.

Montgomery County has Created a County HOA Office called
Office of Common Ownership Communities | DHCA (montgomerycountymd.gov)
The Commission acts as an administrative agency with many of the powers of a court. When hearing a dispute, the decisions of the Commission's hearing panels have the force of law. They are legally binding on the parties and are not mere recommendations. If a party does not obey an order of a hearing panel, the party is in violation of County law, and the Commission's staff can initiate a lawsuit in court to enforce the order and to obtain fines of $500 per day as a penalty. Commission decisions can be appealed to the Circuit Court, which will not hold a new trial but will review the record that was before the hearing panel to determine if the panel correctly applied the law and had sufficient facts to support its decision.

Patrick Johansen
HOA Reform Leaders National Group https://www.facebook.com/groups/hrlng

Patrick@PK80
503-781-4492
We are not attorneys. All communications are opinions and beliefs.
Nothing in our communications should be considered to be legal advice.

"The only thing necessary for the triumph of evil is for good men to do nothing." - Edmund Burke