Boards often think it’s difficult enough to try to follow the governing documents when fulfilling their duties to their association. However, that is only the starting point. Boards need to be aware that there are a variety of laws that can affect how the association should carry out its responsibilities. Those laws include, but are not limited to:
1. Planned Community Act – if the Association is a planned community, these laws apply.
2. Condominium Act – applies to all condominiums.
3. Nonprofit Corporation Act – applies to all associations that are nonprofit corporations.
4. Fair Housing Act – applies in a variety of ways to associations. Under the Fair Housing Act, associations cannot discriminate against owners or residents based on certain protected categories (race, color, religion, national origin, familial status, sex, and disability). Furthermore, associations must allow reasonable accommodations and reasonable modifications for persons with disabilities.
Often provisions in the law trump the provisions of an association’s governing documents. Therefore, it is important for boards to be well-versed in the requirements of the law so they don’t run afoul of the law when enforcing their governing documents.