- Community Associations, Board Member 101
- Indiana, Illinois, Florida
Community associations come in all shapes and sizes. From downtown high-rises to suburban subdivisions, no two communities are exactly alike. Yet they all share similar goals including maintaining common areas, preserving property values, enforcing rules, and ensuring a positive living environment for their residents.
Whether an owner lives in a condominium, homeowner (HOA), or townhome community, it’s important to understand how they differ and what these differences mean for day-to-day living and board governance.
Condominium Associations
Condominiums vary widely. Some have a handful of units while others have hundreds. Regardless of size, the ownership structure generally includes:
- Individual ownership of units
- Shared ownership of common areas such as hallways, lobbies, elevators, and amenities
- Shared walls, shared spaces, and shared systems, creating unique living considerations
Many condominium buildings also feature amenities such as fitness centers, lounges, package storage areas, and parking garages. Some communities have on-site management or door staff. Others include commercial tenants like dry cleaners or retail shops.
These features create operational and governance needs not typically found in HOAs or townhome communities. For example, there may be privacy considerations due to shared walls and noise concerns between neighboring units. Board members and property managers must navigate these issues while ensuring safety and fairness for all residents.
Homeowner Associations (HOAs)
HOAs are equally diverse. They can include traditional single-family neighborhoods, lifestyle or resort-style communities, along with planned developments mixing residential and commercial uses.
Unlike condominium owners, HOA members typically own both the land and the home. The HOA maintains shared infrastructure and common areas such as parks, landscaped entryways, retention ponds, trails, and community clubhouses.
Because owners maintain their individual homes, HOAs often require adherence to exterior guidelines and architectural standards. These may address landscaping, roofing, fencing, siding, paint colors, other aesthetic or structural elements impacting community appearance.
Townhome Community Associations
Townhome associations blend characteristics of both condominium communities and HOAs. Ownership may include the interior of the home, portions of the exterior or a small lot, and shared ownership of common areas.
Townhome communities often feature shared walls but more privacy than condominiums, sometimes with small yards, patios, or driveways.
Because townhomes frequently share roofs and exterior walls, maintenance responsibilities are often split between the association and the homeowner. This can create disagreements if maintenance boundaries are unclear. Common issues include responsibility for shared roof or exterior repairs and disputes over cost allocation. Clear rules, thorough maintenance charts, and proactive communication help reduce conflicts and protect community harmony.
Cooperatives or Co-Op Communities
In a condominium or HOA, individual owners hold the deed to their unit or home. They typically also have a share of ownership in the community association’s common areas (ex. swimming pool, green spaces, parking garage, clubhouse).
In contrast, cooperative members do not own individual units outright. Instead, they own shares in a corporation or trust that holds the title to the entire building or complex. The corporation, as the legal owner of the property, provides these shares that entitle members to occupy a specific unit, but legally, they do not own the unit itself.
Co-op boards not only manage the property and oversee maintenance but also approve prospective buyers through interviews and financial reviews and may even handle certain in-unit repairs depending on the cooperative’s rules. To understand the respective rights and obligations of a tenant shareholder and the cooperative, one can look to the certificate of incorporation, articles of incorporation, by-laws, and the lease agreement.
Master Community Associations
Some planned developments are governed by a master community association that oversees multiple smaller sub-associations. This may include condominium buildings, townhome clusters, or single-family neighborhoods within the same development. This layered structure allows the master association to manage shared infrastructure and amenities (ex. stormwater systems, lighting, walking trails) that serve the larger community as a whole. Accordingly, owners may be subject to two sets of governing documents and assessments.
Master associations provide consistency and coordinated governance centralizing services. These efficiencies help reduce costs, promote uniformity, and ensure smooth operations even when individual sub-associations have their own boards, priorities, and rules. However, the structure also adds complexity, as boards must clearly understand how responsibilities are divided regarding maintenance boundaries, insurance coverage, enforcement authority, and budgeting.
What All Community Associations Have in Common
Beyond the most common association types, many communities fall into additional categories, including master-planned community associations and mobile home park associations.
While each type has unique legal and organizational requirements, every community association relies on several core elements:
- Governing Documents: Declarations, bylaws, and covenants (CC&Rs) outline homeowner rights, responsibilities, use restrictions, architectural guidelines, and board authority.
- Rules and Regulations: Policies that outline parking, pets, short-term rentals, signage, holiday decorations, smoking, and other guidelines.
- Assessments: Regular dues fund common-area maintenance, vendor contracts, reserves, insurance, and administrative costs.
- Board of Directors: Board members are volunteers elected by the community that oversee operations, enforce rules, and make decisions in the best interest of the association.
Legal Resource
Whether you live in a condominium, HOA, townhome association or another type of planned community, understanding the structure of your association is essential. Each type presents unique governance, maintenance, and financial considerations that shape how the association operates.
If your association has questions about governing documents, board responsibilities, maintenance obligations, assessments, or other legal matters, do not hesitate to contact our law firm.
Please call 855-537-0500 or visit www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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