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56 U. Tol. L. Rev. 15 (2024-2025)
Tyrannical HOAs and How to Reign in Their Foreclosure Power and Further Protect Homeowners

handle is hein.journals/utol56 and id is 15 raw text is: TYRANNICAL HOAS AND HOW TO REIGN IN THEIR FORECLOSURE POWER AND FURTHER PROTECT HOMEOWNERS Juliette Koves* I. INTRODUCTION A growing number of Americans live in communities governed by Property Owners Associations (POAs). POAs include homeowners' associations (HOAs), condominium associations, and housing cooperatives.1 HOAs are governed primarily by state laws.2 While these laws are not nationally uniform, HOAs are given an enormous amount of power and discretion which can significantly affect their residents. Use of one of these powers, the power to foreclose on a homeowner's property, can be devastating to the homeowner since it can be their primary residence and can result in loss of the equity in the property. This Article examines the growth of HOAs, the lack of proper training for HOA board members and property managers, and the problems resulting from them having too much power, especially when they exercise their power to foreclose on homes. It proposes solutions to limit that power and to help protect homeowners and their property. Section II will discuss the prevalence of HOAs; Section III will discuss some of the benefits and current problems with HOAs; Section IV will discuss homeowner-friendly statutes regarding assessments, liens, and foreclosures; Section V will discuss recommendations, and Section VI is the conclusion. II. THE PREVALENCE OF HOAS Property Associations were created in England, and the first HOA in the United States was established in Boston, Massachusetts, in 1844.3 During the next * Assistant Professor of Law, Barry University, Dwayne O. Andreas School of Law J.D. 1992, University of Florida Law School, B.A. Criminal Justice University of Florida. The author would like to thank Sherri DeWitt (Visiting Professor, Barry University, Dwayne O. Andreas School of Law), Helia Hull (Professor of Law, Barry University, Dwayne O. Andreas School of Law) and Joanmarie Davoli (Associate Professor, Barry University, Dwayne O. Andreas School of Law). 1. Four Different Types ofPlanned Community Associations, S. FLA. L., PLLC (Jan. 7, 2021), https://www.southfloridalawpllc.com/2021/07/29/four-different-types-of-planned-community-assoc iations/ (showing the different types of homeowners' associations). 2. HOA Laws Vary Among States, HOMEOWNERS PROT. BUREAU, LLC, https://www.hopb.co/ hoa-state-laws# (last visited Aug. 3, 2024). 3. Gemma Giantomasi, Note, A Balancing Act: The Foreclosure Power of Homeowners' Association, 72 FORDHAM L. REv. 2503, 2505 (2004). 15

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