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Kuester Management Group reflects on the diverse regulations that HOAs are required to follow.
CHARLOTTE, N.C. - ncarol.com -- Homeowners associations function like small businesses and have their own internal rules and regulations that govern how they operate. However, they are also required to adhere to both state and federal laws, which take precedence over association rules. Federal laws apply to all associations regardless of where they are located within the United States, but state laws can vary greatly. Kuester Management Group has released a statement to the press regarding the importance of board members understanding the laws within their state.
"A homeowner may have years of experience serving on the board, but if it was in a different state, they may have been subject to different rules," says Bryan Kuester, President of Kuester Management Group. "Each state puts in place its own laws that HOAs must follow, and the association's governing documents and board should work with, not against, them."
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Before adding or changing HOA rules, or before taking legal action, the board should consult with an attorney to ensure that it remains in compliance with state and federal guidelines, says Kuester. If a case should end up going to court, state laws will trump association rules, and legal violations can be costly.
Some states are very strict with how they govern HOA operations and what is or is not permissible, while others give associations more leeway to decide matters for themselves. In addition to reviewing governing documents for guidance, the board should also work with its legal team to ensure sound decision making. New statutes and laws are always being proposed and voted on, so it is essential to stay current and know what changes at the state level may affect the association.
"Community managers typically have a solid understanding of the most common state and federal laws that impact HOAs, so they can be a good resource to start with as well," says Kuester. "They can work with the board when adding, removing, or updating various rules and regulations for the association or when enforcing rules."
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Kuester Management Group works with HOAs in both North and South Carolina, helping to ensure they act within the guidelines of federal, state, local, and association-specific documents.
ABOUT:
Kuester Management Group, a division of Kuester Companies, works to protect property values and enhance the quality of life in each of its managed communities. Providing a full range of association management services, Kuester Management Group has worked to foster strong, resilient, and unified communities across North and South Carolina. The company is proud to offer on-site property managers, all zealous for building strong communities meant to stand the test of time. More information is available at www.kuester.com or @KuesterCompany.
"A homeowner may have years of experience serving on the board, but if it was in a different state, they may have been subject to different rules," says Bryan Kuester, President of Kuester Management Group. "Each state puts in place its own laws that HOAs must follow, and the association's governing documents and board should work with, not against, them."
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Before adding or changing HOA rules, or before taking legal action, the board should consult with an attorney to ensure that it remains in compliance with state and federal guidelines, says Kuester. If a case should end up going to court, state laws will trump association rules, and legal violations can be costly.
Some states are very strict with how they govern HOA operations and what is or is not permissible, while others give associations more leeway to decide matters for themselves. In addition to reviewing governing documents for guidance, the board should also work with its legal team to ensure sound decision making. New statutes and laws are always being proposed and voted on, so it is essential to stay current and know what changes at the state level may affect the association.
"Community managers typically have a solid understanding of the most common state and federal laws that impact HOAs, so they can be a good resource to start with as well," says Kuester. "They can work with the board when adding, removing, or updating various rules and regulations for the association or when enforcing rules."
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Kuester Management Group works with HOAs in both North and South Carolina, helping to ensure they act within the guidelines of federal, state, local, and association-specific documents.
ABOUT:
Kuester Management Group, a division of Kuester Companies, works to protect property values and enhance the quality of life in each of its managed communities. Providing a full range of association management services, Kuester Management Group has worked to foster strong, resilient, and unified communities across North and South Carolina. The company is proud to offer on-site property managers, all zealous for building strong communities meant to stand the test of time. More information is available at www.kuester.com or @KuesterCompany.
Source: Kuester Management Group
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