who governs a homeowners' or condominium association and its restrictions
Homeowner association In the United States, a homeowner association (HOA) is a private association formed by a real estate developer for the purpose of marketing, managing, and selling homes and lots in a residential subdivision.[original research?] It grants the developer privileged voting rights in governing the association, while allowing the developer to exit financial and legal responsibility of the organization. Typically the developer will transfer ownership of the association to the homeowners after selling a predetermined number of lots. Generally any person who wants to buy a residence within the area of a homeowners association must become a member, and therefore must obey the governing documents including Articles of Incorporation, CC&Rs (Covenants, Conditions and Restrictions) and By-Laws, which may limit the owner's choices. Most homeowner associations are incorporated, and are subject to state statutes that govern non-profit corporations and homeowner associations. State oversight of homeowner associations is minimal, and it varies from state to state. Some states, such as Florida[1] and California[2], have a large body of HOA law.[original research?] Other states, such as Massachusetts,[citation needed] have virtually no HOA law.[original research?] Homeowners associations are commonly found in residential developments since the passage of the Davis–Stirling Common Interest Development Act in 1985.