CONDO VS. HOA

Condo association vs. HOA: key governance differences a board should know.

Comparing condo association and HOA governing document structures

Start with the recorded declaration, not the label

The useful first distinction is not "HOA owners own the whole structure while condo owners own only the interior." The recorded declaration and the applicable statute define the legal unit or lot boundaries and allocate the common, limited-common, exclusive-use, and owner-maintained components. A planned community can place substantial exterior maintenance on the association, and a condominium's unit boundaries can extend beyond an "unfinished interior surface" formulation. Identify the legal entity and the recorded boundary definitions before assigning any maintenance or insurance responsibility — that reading, not the marketing label, drives most of the governance differences that follow.

They run under different statutes entirely

Condo associations and HOAs are frequently governed by separate state statutes rather than the same law. Florida draws the clearest line: HOAs fall under Chapter 720, while condominiums fall under the dedicated Chapter 718, which imposes materially more legal responsibility and state oversight on condo boards — including annual reporting obligations and exposure to state agency (DBPR) investigations that HOA boards under Chapter 720 don't face in the same way. Other states follow a similar pattern with a dedicated Condominium Act (California Civil Code §4000+, the Virginia Condominium Act, and equivalents elsewhere) layered on top of or separate from general community-association law.

Research sequence

Confirm whether this association is legally a condominium or an HOA under the recorded declaration → identify the specific state statute that applies (condo-specific act vs. general HOA/planned-community act) → compare voting thresholds for major decisions under that statute → confirm which body — board or full membership — holds authority over structural common-element repairs, since that split differs materially between the two structures.

Voting thresholds: read the decision, don't assume "condo is higher"

Do not assume condominium thresholds are categorically higher than HOA thresholds. Voting allocation and approval requirements depend on the applicable statute, the declaration, the type of action, class rights, and sometimes lender or mortgagee consent. Some condominiums weight votes by each unit's recorded percentage of ownership interest; some planned communities use one vote per lot; either can be overridden by the governing documents. For each major action — a special assessment, an amendment — store the denominator and allocation method for that specific decision instead of importing a generic condo-versus-HOA percentage range. A vote conducted under the wrong threshold can be challenged and unwound after the fact.

Amending the governing document

Both condominium declarations and planned-community covenants can require recorded amendments and supermajority procedures, and a condominium's Declaration of Condominium carries particular weight because it creates the ownership structure. The exact threshold is document- and statute-specific, and a re-recording step with the county is common. Do not rely on a generic 67%-to-80% condominium range unless the figure comes from a cited, dated multi-state dataset the site maintains.

How 10 states handle amending the CC&RsVerified statute rules · tap to open

Verified against the current statute for each state, last reviewed 2026-09-10. A conditional entry applies only when its statutory gate is met — confirm that first. A research checkpoint, not legal advice.

California

California declaration amendments follow the percentage stated in the declaration and any other approval required by the declaration. If the declaration does not specify an approval percentage, the statutory fallback is…

Applies if: Confirm the declaration amendment clause before displaying the fallback majority. A court-reduction path under §4275 is separate from the ordinary approval…

declaration-specified amendment threshold: percentage required by the declaration

Cal. Civ. Code § 4270

Florida

For a Florida homeowners’ association, unless the governing documents or another law provide otherwise, a governing document may be amended by the affirmative vote of two-thirds of the voting interests of the…

post-recording owner copy/notice: 30 days after recording of amendment

Fla. Stat. § 720.306(1) · Condo: Fla. Stat. § 718.110

Georgia

Except where another provision of the POA Act expressly permits or requires a different route, a POA Act declaration is amended only by agreement of lot owners holding two-thirds of the association votes, or a larger…

Applies if: A non-opted-in HOA amends under its declaration's own amendment clause and Title 14 Chapter 3, not § 44-3-226.

ordinary declaration amendment: two-thirds of the association votes, or a larger majority the instrument specifies

O.C.G.A. § 44-3-226 · Condo: O.C.G.A. § 44-3-93

Texas

For a qualifying Texas residential subdivision subject to §209.0041, the ordinary declaration-amendment rule is 67% of the total votes allocated to owners entitled to vote, unless the declaration contains a lower…

Applies if: §209.0041 has explicit exclusions, including development-period and certain mixed-use/commercial contexts; confirm them before displaying 67%.

ordinary declaration amendment: 67% of total votes allocated to owners entitled to vote

Tex. Prop. Code § 209.0041 · Condo: Tex. Prop. Code § 82.067

Illinois

Illinois CICA requires amendments to the declaration, bylaws, or operating agreement to be set out in an amendment and duly recorded; the amendment is effective on recordation unless it states a different effective…

Applies if: Confirm CICA applicability/exemption under 765 ILCS 160/1-75 and then read the community instruments for the approval percentage.

765 ILCS 160/1-20 · Condo: 765 ILCS 605/27

North Carolina

North Carolina planned-community declarations generally may be amended by affirmative vote or written agreement of lot owners holding at least 67% of association votes, or any larger majority the declaration specifies.…

Applies if: Confirm Chapter 47F/47C applicability and whether the proposed subject falls into an exception or unanimous-consent category.

ordinary declaration amendment: at least 67% of association votes, or larger majority specified by declaration

N.C. Gen. Stat. § 47F-2-117 · Condo: N.C. Gen. Stat. § 47C-2-117

Colorado

For a Colorado common-interest community to which C.R.S. §38-33.3-217 applies, an ordinary declaration amendment requires more than 50% of the association votes or any larger percentage specified by the declaration, but…

Applies if: Confirm §38-33.3-117 applicability for older/exempt communities and check whether the amendment is in a special category under §38-33.3-217.

ordinary amendment floor: more than 50% of association votes

C.R.S. § 38-33.3-217

Washington

Washington planned-community amendment rules are transition-law sensitive. Select WUCIOA or the legacy Chapter 64.38 regime before showing an amendment threshold.

Applies if: A generic 67% answer would be unsafe for a legacy Chapter 64.38 HOA.

RCW 64.90.285

Arizona

Arizona planned-community declarations are amended by the affirmative vote or written consent of the number of owners or eligible voters specified in the declaration, including any other persons/entities whose assent…

Applies if: Arizona planned communities do not use the condominium 67% default; the declaration specifies the owner approval number.

prepare/execute/record adopted amendment: 30 days after adoption of amendment

A.R.S. § 33-1817 · Condo: A.R.S. § 33-1227

VirginiaCondominium

For a Virginia condominium with a residential unit and at least one unit owner other than the declarant, ordinary condominium-instrument amendments require agreement of unit owners holding two-thirds of the association…

Applies if: There is at least one unit owner other than the declarant.

ordinary residential condominium amendment: two-thirds of association votes or larger instrument-specified majority

Va. Code § 55.1-1934

Need a state that is not listed, or the full condominium detail? Open the State Decision Lookup — it fails closed when the primary law is unclear rather than guessing. Every state also has a full governance guide.

Maintenance responsibility comes from the declaration

  • Planned community / HOA: the association often maintains common areas while owners maintain their own structure — but a declaration can shift substantial exterior maintenance (roofs, siding, private roads) onto the association.
  • Condominium: the association often maintains the building envelope, roof, and shared systems — but unit boundaries and the maintenance/repair/replacement split are set by the recorded declaration, not by the word "condo."
  • Structural reserve obligations, and in some states mandatory structural reserve funding (Florida's post-SIRS condominium rules, for example), follow the components the association is actually responsible for.

What this means for a board sitting on both types of community

A board member who has served on an HOA and then joins a condo board — or a management company handling both types under one roof — should not assume governance muscle memory transfers directly. Meeting notice rules, voting thresholds, amendment procedures, and maintenance responsibility can all diverge enough that applying HOA-style assumptions to a condo board's decisions creates real legal exposure, and the reverse is equally true for a condo-experienced board member joining an HOA.

Where to start if unsure which type this association is

Pull the recorded Declaration and confirm its own language — condominium declarations explicitly describe unit boundaries down to the interior surface and reference the state's condominium statute by name, while HOA CC&Rs describe lot boundaries and reference the general planned-community or homeowners' association statute instead. When the label is ambiguous, the association's attorney can confirm which statute actually governs based on the recorded structure, not just the name commonly used in the community.

Insurance responsibility is another place the two structures split

Where the declaration makes the condominium association responsible for the building's structure, its master policy has to cover the building shell and shared systems, with owners separately insuring their interior finishes and personal property (commonly an HO-6 policy). Where an HOA owns only common areas and amenities, each homeowner insures their own home under a standard homeowner's policy. Because that responsibility line comes from the recorded declaration and the applicable statute — not from the "condo" or "HOA" label — a board moving between two communities, or a homeowner comparing requirements, should read the master-policy coverage line for the specific association rather than assume it matches what they're used to.

Why this distinction matters for a board's day-to-day decisions

Beyond the statutory and insurance differences, the practical effect shows up constantly in maintenance requests: a condo board fielding a leak complaint has to determine whether the source is a common-element pipe (association's responsibility) or something inside the owner's unit (owner's responsibility), a distinction that rarely comes up in an HOA governing detached homes. Boards new to condo governance often underestimate how much of their meeting time ends up spent on exactly this kind of boundary determination, which is a direct consequence of the ownership structure discussed above rather than a governance failure on the board's part.

Keeping a written maintenance-responsibility matrix on hand — mapping specific components (plumbing stacks, in-wall wiring, windows, balconies) to either "association" or "owner" — resolves most of these questions before they escalate into a dispute, and is worth building even in communities where the Declaration already technically covers the answer, since owners rarely read the Declaration itself before calling the board.

Frequently asked questions

Why can a condo association have different maintenance duties than an HOA?
Condominiums usually divide property into units, common elements, and sometimes limited common elements, while planned-community HOAs often regulate separately owned lots and shared amenities. The declaration and the applicable condo or planned-community statute determine who maintains each component, so the label 'HOA' alone does not answer the question.
Do condo owners and HOA owners have the same voting rights?
Not necessarily. Voting allocations, classes of membership, quorum rules, and election procedures can differ by community type, state statute, and the governing documents. A board should identify which statutory act applies before relying on a voting rule used by a different type of association.
Does a condo association usually insure more of the building than a homeowners association?
Often, because condominium common elements may include substantial portions of the building structure, while a planned-community HOA may insure only common property it owns or maintains. The exact boundary depends on the declaration, state insurance statutes, and the master policy, so boards should reconcile all three.

These answers describe the general research path. The controlling rule for your association comes from your state statute and recorded governing documents — verify the current primary source and its effective date before the board acts.