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Federal Advocacy

​​​​Community associations are subject to state laws that control how associations are established, governed and managed. This state-based regulatory system has proven successful because it is predicated on the principle of local control over land-use and real estate decisions.

All states have laws governing condominiums or community associations. Many of these laws are modeled after the Uniform Common Interest Ownership Act (UCIOA) or previous versions of the uniform act. UCIOA was drafted by The Uniform Law Commission. The Uniform Law Commission provides states with non-partisan, well-conceived, and well drafted legislation that brings clarity and stability to critical areas of state law.

As a general rule, CAI believes law and regulation to promote healthy, vibrant communities is best crafted and enacted by state governments and not by or through legislative or regulatory procedures at the federal level. In general, federal policymakers share this view. However, as community associations are located in each state, federal policies can impact community associations, but often in ways that federal policy makers do not anticipate.

In the housing and financial crisis, federal mortgage modification and short-sale initiatives did not account for assessments owed to associations by homeowners delinquent on their mortgages. Federal regulators also failed to take necessary steps to ensure that properties in foreclosure were adequately maintained, compounding the negative impact of foreclosures on associations.

The financial burdens caused by these oversights fell directly on the shoulders of community association homeowners. Across the country, association homeowners faced steep increases in housing costs due to the failure of federal policy makers to integrate changes in housing markets and housing preferences in federal policy initiatives.

Whether the issue is waste water and ecosystem management, energy efficiency standards for multi-story residential buildings, federal disaster assistance, or how the U.S. mail is delivered, federal policy makers must ensure that national policies account for the community association model of housing. Community associations are a growing, popular and successful housing option. Federal policy makers must understand changes in the way consumers define community and account for the services consumers demand in today’s housing market when setting national policy.

Follow this link to view the Federal legislation CAI is tracking.

 Related Documents

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