HOA laws by state: what boards should verify before hiring a manager

State HOA and condominium laws should not be an afterthought when a board interviews management companies. The same monthly tasks can have very different legal consequences depending on the state: records requests, resale certificates, budget approvals, reserve studies, meeting notices, delinquency letters, fines, owner communications, and document retention.

ManageMatch is not a law firm and this guide is not legal advice. The point is simpler: a board does not need to know every statute before hiring a manager, but it should know enough to ask whether the manager has a real process for the state where the association operates.

Why state law belongs in the manager search

Most boards compare management companies on price, responsiveness, software, staffing, and local reputation. Those things matter. But the manager also becomes the day-to-day system that helps the board meet deadlines, preserve records, prepare packets, answer owners, and coordinate resale or lender requests.

When that system is loose, the board may not notice until an owner requests records, a sale is delayed, an annual budget process gets challenged, or a delinquency file is missing the basic account history.

The practical question is not, "Can the management company quote the statute from memory?" The better question is:

Can the management company show the workflow it uses to keep our board on schedule and documented?

For the underlying statutory text behind these questions, see ManageMatch's HOA laws by state reference guide — source-cited state law pages, starting with Texas and Washington.

Questions every board should ask

Use these questions in an RFP, finalist interview, or board discussion before selecting a management company.

1. Which state statutes or association laws affect how you manage communities like ours?
2. How do you track deadlines for owner records requests, resale certificates, disclosure packages, and budget notices?
3. What documents do you keep in the board portal, and which are owner-facing?
4. How do you separate legal advice from operational guidance?
5. What is your process when a board instruction conflicts with the governing documents or state law?
6. How do you document board approvals for violations, fines, collections, architectural requests, contracts, and transfers?
7. Can you show a sample monthly board packet, with sensitive information removed?
8. How do you support a board when laws change?
9. Who reviews state-specific procedures: the manager, an internal compliance lead, outside counsel, or the board's attorney?
10. What will you need from the current manager during transition so records, ledgers, owner lists, contracts, and open matters are not lost?

Texas example: records, resale certificates, and management certificates

Texas property owners' associations often need a manager who can organize records and transfer-related workflows carefully.

For example, Texas Property Code Chapter 209 includes rules for association records, board meetings, owner voting, management certificates, and other property owners' association procedures. Chapter 207 addresses disclosure of information by property owners' associations, including resale certificate content and timing.

A Texas board should ask a prospective manager:

• How do you handle written owner requests for association books and records?
• What is your process for tracking the response deadline and documenting production?
• How do you maintain the association's management certificate information?
• How do you coordinate resale certificate requests with owner ledgers, unpaid assessments, transfer fees, special assessments, and pending violations?
• How do you decide when a question should go to Texas counsel rather than being answered by management?

For a Texas association, a good manager should be able to explain the operational process without pretending to provide legal advice.

Washington example: budget ratification, reserves, and association records

Washington condominium and HOA boards should pay close attention to budget, reserve, and records processes.

The Washington Uniform Common Interest Ownership Act, RCW 64.90, includes sections on budgets and assessments, reserve studies, association records, and financial statements. Older communities may also need to evaluate whether RCW 64.38 or older condominium statutes apply, depending on the community and governing documents.

A Washington board should ask a prospective manager:

• How do you calendar budget ratification steps and owner notice timing?
• How do you help the board communicate reserve study information to owners?
• What reserve study documents, funding plans, and budget comparisons do you keep in the board packet?
• How do you respond when an owner asks for association records?
• How do you keep financial statements, contracts, insurance policies, minutes, owner lists, and governing documents organized?
• How do you handle the difference between operational guidance and legal interpretation?

These questions matter because the manager's daily process is often what determines whether the board can prove it acted carefully.

What to compare in proposals

When reviewing management proposals, ask each finalist to describe its state-specific operating model. Then compare the answers side by side.

Look for:

• Written transition checklist
• Board packet sample
• Records request process
• Resale or disclosure package process
• Budget calendar
• Reserve study tracking
• Violation and hearing workflow
• Collection and payment-plan workflow
• Insurance and contract tracking
• Owner communication standards
• Escalation path to association counsel

Be cautious when a proposal sounds polished but stays vague. "We handle compliance" is not as useful as a concrete answer about calendars, records, approvals, notices, document storage, and counsel escalation.

A simple scorecard

Boards can score each management company from 1 to 5 in these categories:

| Category | What a strong answer sounds like |
| --- | --- |
| State-law awareness | The manager names the key statutes and explains how they affect operations. |
| Workflow discipline | The manager uses calendars, task tracking, templates, and board packet routines. |
| Documentation | The manager can show how approvals, notices, owner requests, and financial support are retained. |
| Board education | The manager helps board members understand choices without overwhelming them. |
| Legal boundary | The manager knows when to recommend outside counsel. |
| Transition readiness | The manager has a written intake list for records, ledgers, contracts, open violations, and owner data. |

The highest score does not always mean the biggest company. It means the best fit for the association's size, building type, state-law environment, board capacity, and communication needs.

Bottom line

Boards do not need to turn a manager interview into a law school exam. They do need to confirm that the company has practical systems for the state where the community operates.

The better the manager's process, the easier it is for the board to stay organized, answer owners, approve budgets, manage records, prepare for sales, and make decisions with confidence.

Official source links

• Texas Property Code Chapter 209: https://tcss.legis.texas.gov/resources/PR/htm/PR.209.htm
• Texas Property Code Chapter 207: https://tcss.legis.texas.gov/resources/PR/htm/PR.207.htm
• Washington RCW 64.90: https://app.leg.wa.gov/RCW/default.aspx?cite=64.90
• Washington RCW 64.38: https://app.leg.wa.gov/RCW/default.aspx?cite=64.38