If an association is organized as a nonprofit, as with most Delaware associations, it will be governed by the Nonprofit Association Act. To check the corporate status of an association, please visit the Delaware Division of Corporations.
Not every HOA needs the help of a management company — many are completely self-managed, and their board members have the bandwidth to take care of everything on their own.
An HOA Board is held accountable by codes and laws. For example, homeowners associations in California are regulated by the California Corporation's Code, as well as other California state laws and codes. Some of these codes include: State of California Business and Professions Code.
The Act provides state-level protections similar to the federal Fair Housing Act (FHA) and affects all housing providers, including common interest communities in Delaware. The Delaware Division of Human Relations administers the law.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Is there any way to get around HOA rules? While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.