Homeowner’s Association and Condo Associate Dispute
If your home resides in a Homeowner’s Association or Condo Association, it can provide great benefits to you and help increase your home’s value. The Association may provide community amenities, such as pools, recreation or workout facilities and event or gathering space. Moreover, the Association likely has rules and regulations that govern the appearance of homes within your community. These regulations help to protect home values throughout the community.
When a buyer purchases a home within a Homeowner’s Association or Condo Association, the homeowner agrees to be bound by the authority of the Association as set forth in the governing documents called the Declaration of Covenants, Conditions, and Restrictions or CC&R. Based on the authority provided in these documents, Association establishes other bylaws or rules for the community. Both the CC&R and any Bylaws are available to prospective homebuyer’s prior to purchasing a property within the community. Because these documents are available to potential buyers and the covenants run with the land, a homeowner is bound by these restrictions regardless of their specific knowledge of the restrictions.
What types of disputes arise between homeowner’s associations and homeowners?
Disputes can arise when a homeowner fails to pay his or her Association dues or when a homeowner attempts to do something that is in violation of the rules of the community. For example, the homeowner may build a shed without obtaining proper approval or paint the home an unapproved color. Generally, the homeowner will first receive notice of the violation via letter and in some cases, the Association may bring suit to enforce the rules of the community. Finally, a homeowner may choose to bring suit against the Association if he or she feels the HOA is not fulfilling its duties under the CC&R or Bylaws
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