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. With that being said, HOA disputes can often arise related to the enforcement of these restrictions
Does the firm represent HOAs or Homeowner’s in HOA Disputes?
I represent both homeowner’s and associations in HOA disputes related to the collection of dues and enforcement of the restrictions for the community. By representing both sides of HOA disputes, I can provide my clients with a unique perspective that may not be available when working with an attorney who only handles one side of these matters.
What are the governing documents for a Homeowner’s Association?
When a buyer purchases a home within a Homeowner’s 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, the 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?
HOA 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.