Association Powers and Decision Making
- It must be within the scope of the association’s authority under the governing documents and the law;
- It must be based upon a reasonable investigation;
- It must be intended to serve the best interests of the association and the owners as a group;
- It must be made in good faith; and
- It must be reasonable considering the information available at the time the decision is made.
The owner should begin by attempting to discuss the matter with the president, a director, committee chair or property manager. If this attempt does not yield satisfactory results, the owner should attend a board meeting or call an owner meeting to discuss the problem with the other owners. If the owner wishes to pursue the matter further, he/she should consult an attorney.
There is no governmental agency with authority to oversee homeowner associations. Association duties and standards must be enforced by owners and lenders through the court system or through some alternative dispute resolution process such as mediation or arbitration.
A homeowner association is typically not entitled to recover its attorney’s fees from an owner unless it prevails in a court proceeding or arbitration involving the enforcement of the governing documents. However, some association’s governing documents do allow for this so a review of your specific governing documents is needed.