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Where the association comes fromLesson 13 of 24

Academy/HOA & Community Association 101

Who owns the HOA?

No one owns it the way you own your house. Here is what "ownership" actually means for an association.

No individual owns the HOA the way you own a car. The association is typically a nonprofit corporation or unincorporated association, created when the declaration was recorded. You become a member automatically when you buy your unit or lot, and a developer (the declarant) controls its board until a turnover trigger hands control to owners.

01

You're a member, not a shareholder

Buying a unit or lot in a common interest community doesn't hand you a slice of the association the way buying stock hands you a slice of a company. Ownership of your home carries an obligation, and a membership, in the association; the two are bundled by the declaration, not sold separately. The association itself is usually a nonprofit corporation or an unincorporated association organized to manage the community. Whether yours is incorporated, and under which state's law, is worth confirming from its articles of incorporation rather than assumed.

02

The association can hold title separately from you

In a condominium, owners jointly hold the common elements as tenants in common, so in a real sense they do own the shared property together. Most subdivision HOAs work differently: the association itself, as a separate legal entity, typically holds title to the clubhouse, the pool, and the common area. You don't co-own that property directly; you're a member of the entity that does.

"The typical subdivision has a common area that's owned by the HOA by virtue of a recorded deed or plat."

Source: State Bar of Texas, common area ownership article, State Bar of Texas

That entity only exists because a declaration was recorded creating it in the first place. See What does an HOA actually own? for the fuller picture of common versus limited common elements.

03

A board elected by members runs it

Members don't manage the community directly. They elect a board of directors (or trustees) to act on the association's behalf. The board's authority comes from the declaration and bylaws, not from anyone's personal ownership of association property. See Board vs membership for how that relationship actually works day to day.

04

Before turnover, the developer is in control

Before enough units are sold, the declarant typically appoints and controls the board. That control is not indefinite. State common-interest statutes generally set a hard ceiling on how long a declarant can keep the board, regardless of what the declaration says, a milestone called turnover.

"Sixty days after conveyance of 75 percent of the units that may be created to units' owners other than a declarant"

Source: Nevada Revised Statutes Chapter 116, Nevada Legislature

That 75 percent figure, and Nevada's alternate five-year cutoff, are one state's numbers, not a national rule. Check your own state's statute and declaration for the trigger that actually applies to your community.

Check yourself

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

You just bought a townhome in an HOA-governed subdivision. A neighbor tells you "you own part of the HOA." What's actually true?

The developer still owns 40 percent of the units in your new subdivision. Who controls the HOA board right now?

Your HOA governs single-family lots, not condo units. Who holds title to the clubhouse and common area?

Related elsewhere in the Academy

HOA & Community Association 101

Next, see how the board that runs your association is elected and what its powers actually are: Board vs membership.

Whether your association is incorporated, who holds title to your common areas, and exactly when developer control ends are all set by your own declaration, bylaws, and state statute, not by a single national rule.