Model Regulations: Which One Applies to Your HOA?

When dealing with apartments and HOAs, model regulations often play a key role. These standard rules form the foundation for many declarations of division. But which version applies to your HOA? And what should agents know?

What are model regulations?

Model regulations, created by notarial organizations, provide standard rules covering:

• Use of common and private areas.
• Maintenance responsibilities.
• Voting rights within the HOA.
• Penalties for rule violations.

Although standardized, the deed of division specifies which model regulation applies to the HOA, making that version binding.

What model regulations exist?

The most common versions are:

• 1973: One of the earliest versions, still valid for older divisions.
• 1983 and 1992: Updated to reflect new laws.
• 2006 and 2017: Modern versions focused on sustainability and efficient management.

How do you know which version applies?

The deed of division dictates the applicable model regulation. It’s not automatically the latest version. For example, a division from 1980 would follow the 1973 model.

Why does this matter for agents?

• Check the deed: Understand which model regulation applies and inform clients about the rules.
• Prepare for exceptions: Some deeds deviate from the model regulation. These specific agreements take precedence.

Practical tip

Download and review the applicable model regulation for your client’s HOA. This helps provide clarity about their rights and obligations.