Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Republicans seek expanded powers for homeowners' associations in weekly message

Delaware Public Media

In their weekly message, Republican lawmakers are pushing for legislation to give to the state’s homeowners associations more power.

 

Homeowners associations typically govern condominiums, cooperatives and planned communities that maintain shared facilities and infrastructure.  

 

These association’s responsibilities range from maintaining amenities like pools to plowing roads and treating wastewater.

 

State Representative Kevin Hensley says he’s concerned that homeowners associations have no staff or authority to compel residents to pay for these services.

 

 

“Not only are negligent homeowners getting a free ride at the expense of their neighbors, but their lack of participation can push communities into debt and lead to failing systems,” Hensley said.

 

Hensley adds he and State Representative Joe Miro are sponsoring a bill that will make it easier for associations to collect money from delinquent residents when they sell their homes.

Full text of GOP weekly message:

Hello, I am State Rep. Kevin Hensley.

A reported 24-percent of U.S. citizens live in 'common interest communities'.  These are residential condominiums, cooperatives, and planned communities where residents own their homes, but also have a collective responsibility to maintain shared facilities and infrastructure.

Common interest communities are governed by homeowners’ associations, which face a unique set of tasks and challenges that can vary from one community to the next.
 
In addition to maintaining recreation centers and other amenities, homeowners’ associations may be responsible for road maintenance, snow plowing, the operation of wastewater treatment systems, and more.

Additionally, homeowners’ associations maintain compliance with the covenants, conditions, and restrictions written into the deeds of homeowners.  This language can limit residents’ use of their properties, the appearance of their homes, and even their activities.
 
While having responsibilities equivalent to local government, homeowners’ associations are different.  Many have no professional staff.  More importantly, no association has the authority to compel residents to pay their portion of shared costs.  Not only are negligent homeowners getting a free ride at the expense of their neighbors, their lack of participation can push communities into debt and led to failing systems.

State lawmakers are working to untangle this knot.  State Rep. Joe Miro and I are sponsoring legislation to make it easier for homeowners’ associations to collect money from delinquent residents when their homes are sold.
 
In 2014, the General Assembly created an ombudsman to help common interest communities.  Among other things, the office provides assistance for holding fair elections, and can help resolve disputes between homeowners’ associations and residents. 
 
I and other legislators have been holding community meetings around the state to foster a relationship between the ombudsman and common interest communities.  It’s a good start, but more needs to be done to ensure these communities have the tools they need to serve all their residents well.

 

Related Content