Issue link: https://hub.associaonline.com/i/946812
2 How State HOA and Condo Acts Have Shaped Legislation The maturation of state laws regulating community associations has created a system wherein all but one state, South Dakota, has enacted some form of statewide act regulating homeowners associations, condominium associations, cooperatives, and/or time-shares. In addition, most associations incorporate as non-profit corporations governed by a separate state law. And both of these sets of laws are often meant to supplement the previously mentioned recorded legal documents governing each community. If that sounds confusing, it is, and as a result has spurred cottage industries of professional management companies and association-specialist attorneys to help guide association boards in effectively and legally operating their association. Legislative Trends Despite the sometimes-voluminous state statutes already regulating associations (and even association managers and management companies) each year state legislators file thousands of new proposals proposing new regulations. In recent years, these issues have highlighted the following legislative trends, which we'll continue to see: • Determining what, if any, restrictions can be placed on short-term rentals of residences • Proposing various state regulatory means of resolving owner disputes with their association • Establishing statewide fee caps on association services or document production • Restricting or prohibiting associations regulating flag display • Reducing or eliminating association authority to restrict installation of solar energy systems • Creation of statewide community association manager licensure requirements As the only community association management company with a full-time government affairs representative, Associa engages in state capitols on the pressing legislative debates impacting community associations. Often, this begins with educating legislators on the creation, function, and operation of community associations and then focusing on the impact of proposed legislation. Associa also manages an employee-funded political action committee (PAC) that allows us to financially support those legislators or candidates who have demonstrated an understanding of our industry and a willingness to work with us. This effort at legislator relationship-building can help produce positive results throughout the legislative process. >>