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Condominium unit owners' associations and planned community associations now have a duty to act reasonably when using their discretionary powers, which the law says includes acting neutrally, fairly, without favoritism and in a nonarbitrary way.
Official title: HOAs; duties
- September 12, 2026
What changes
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NowA condominium unit owners' association has a duty to act reasonably in the exercise of its discretionary powers.
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NowA planned community (homeowners) association has a duty to act reasonably in the exercise of its discretionary powers.
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NowFor both types of associations, the "duty to act reasonably" includes the duty to exercise discretionary powers neutrally, fairly, without favoritism and in a nonarbitrary fashion.
Who it affects
- Condominium unit owners
- Members of planned community (HOA) associations
- Condominium and HOA associations and their boards
What you need to do
Nothing.
What the law doesn't answer
- Which specific association decisions count as "discretionary powers"
- How an owner can enforce this duty or what happens if an association breaks it
- Whether the state real estate department hearing process can be used for claims under this duty
- Whether the duty applies to decisions made before the law takes effect
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.