A Homeowners’ Association (HOA) is created by the developer of a community when starting a new development. An HOA is incorporated as a not-for-profit company under the Companies Act or as a society under the Societies Act. Usually, Homeowners’ Associations are created to assume responsibility for the maintenance and control of common lands or assets that were established by the developer to enhance the development that will not be maintained by the municipality. For example, developers may build community features that are above and beyond what the municipality will care for and so the obligation to maintain and repair these assets is then left to the HOA.