Community associations govern through recorded declarations and bylaws, and disputes follow recognisable patterns.
Assessments. The board’s authority to levy regular and special assessments, notice and approval requirements for special assessments, and the association’s lien for non-payment with its priority relative to mortgages.
Enforcement of restrictions. Notice, an opportunity to be heard, and proportionate remedies. Selective enforcement is the standard defence, and it succeeds where the board has tolerated comparable violations.
Board discretion. Most states apply a business judgment standard to board decisions made in good faith, within authority, and in the association’s interest. Architectural review decisions receive deference where standards exist and were applied.
Fiduciary duties. Directors owe duties to the association and, in many states, to the members.
Records access. Members generally have rights to financial records, minutes and contracts, subject to privacy limits.
Reserves. Studies and funding requirements have been strengthened in many states following structural failures, and underfunded reserves are now a transaction diligence item.
Fair housing and accommodation obligations apply to associations, including for assistance animals and accessibility modifications.
Dispute resolution. Many declarations require mediation or arbitration before suit, and statutes in several states impose pre-suit procedures.