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What kind of community is thisLesson 5 of 24

Academy/HOA & Community Association 101

What is a master association?

A master association can sit above several communities at once, but it can only do what your own declaration lets it do.

A master association is an organization that can exercise authority over several separate community associations, but only powers those communities' own declarations actually delegate to it. It has no built-in authority. If your sub-association's declaration never delegated a power to the master association, the master association cannot exercise it.

01

What a master association actually is

Some communities aren't governed by a single association. Instead, several separate community associations, each with its own declaration and its own board, sit under one shared organization that manages something they have in common: a private road system, a marina, or a clubhouse shared across neighborhoods. That shared organization is the master association.

Not every community has one. Whether yours does, and what it covers, depends entirely on how your development was structured. See What is a sub-association? for the other half of this relationship.

02

Where its authority actually comes from

A master association is not a higher tier of government sitting above your board. Under Nevada's common-interest ownership statute, one widely used model for this kind of law, a master association's power is a delegation, not a default:

"A master association may exercise the powers set forth in paragraph (b) of subsection 1 of NRS 116.3102 only to the extent expressly permitted in: (a) The declarations of common-interest communities which are part of the master association or expressly described in the delegations of power from those common-interest communities to the master association."

Source: Nevada Revised Statutes Chapter 116, Nevada Legislature

In plain terms: if your sub-association's declaration never handed over a specific power, the master association never had it, no matter how long it has been acting as if it did. The exact statutory language differs by state; confirm the rule in your own state's common-interest or condominium statute.

03

A common misunderstanding, corrected

New board members often assume a master association can pass whatever rule it wants across every community it touches. It can't. Its authority is only as wide as what your own declaration says it delegated, and delegation for one thing (say, a shared clubhouse budget) doesn't stretch to cover something the declaration never mentioned (say, landscaping).

If a master association tries to enforce something new, the question isn't "can master associations generally do this." It's "did our declaration actually give them this specific power." Read the delegation clause yourself, or ask your manager or attorney to point to it, before assuming a master association rule applies to you.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

Your master association announces a new pet policy for your community. Your declaration never mentions delegating rulemaking power to the master association. What governs?

A new board member calls your master association "basically another layer of HOA above ours that can pass whatever rules it needs." What's the more accurate description?

Your declaration delegates authority over the shared clubhouse and its budget to the master association, but says nothing about landscaping. The master association adopts a new landscaping rule for your street. What's true?

Sources

HOA & Community Association 101

Not sure whether your community even has a master association? Read about sub-associations next to see how the two fit together.

Whether your community has a master association at all, and which powers its declaration actually delegates to one, varies by development. Check your own declaration's delegation language rather than assuming.