What's the difference between an HOA, a condo association, and a co-op?
The label on the gate isn't the legal test. The difference is what you own, and that choice picks the statute. People say "HOA" for all three. Lenders, insurance, and fine rules do not.
Typical process
- HOA (planned community / homeowners association). You usually own the lot and the house in fee simple. The association owns or maintains common areas (pool, private roads, parks). Your deed is subject to recorded CC&Rs. In Florida this is typically Chapter 720; other states have their own planned-community or HOA acts — or almost none, which means the declaration does more of the work.
- Condo (condominium association). You own a unit (often described as a box of air plus finishes) and an undivided share of the common elements — roof, structure, hallways, land. The association doesn't usually "own" the building the way an HOA owns a clubhouse; the unit owners do, together. Florida condos are Chapter 718, not 720. That split changes records, reserves, insurance, and which state office will even take a complaint. Other states use a condominium act that is similarly separate from any HOA statute.
- Co-op (housing cooperative). You don't own real estate in the usual sense. You own shares in a corporation that owns the building, plus a proprietary lease for an apartment. Selling is a share transfer, often with board approval. Financing, subletting, and removal of a resident look more like corporate and landlord-tenant law. Florida co-ops sit in Chapter 719. Many other states treat co-ops under corporation plus special housing statutes.
Townhomes can be condos or HOAs. Always check the recorded declaration, not the marketing flyer.
What controls this
The recorded declaration or master deed, plus the state chapter that applies to that form. Insurance (master vs your policy), who repairs the roof, reserve rules, resale certificates, ombudsman jurisdiction, and fine and hearing procedures all follow that line. A "condo HOA" in casual speech is usually a condominium association.
Next steps
Read the first pages of the declaration: "condominium," "planned community," "cooperative," or a statutory citation. Ask your lender which project rules apply. If you're comparing two properties, compare statutes, not amenity lists. Pull the right resale package — a condo questionnaire is not an HOA resale certificate.
When to call a lawyer licensed in your state
Talk to a real-estate lawyer in your state if you can't tell which statute applies, if a manager is citing the wrong chapter, or if records, fine, or disclosure rules are being borrowed from a different kind of association. Bring the declaration and the notice you're dealing with.
Member moves. Put every ask in writing. Demand the rule cite, the records, and written answers. Keep a dated file a lawyer can use.
This is general information from an AI helper, not legal advice. Confirm it against your documents and your state’s law. If a deadline or hearing is coming up, call a lawyer licensed in your state.