HOA Litigation: A Lawyer’s Take
Do you live in an area where homeowners association rules are strict?HOA Litigation; If yes, then you will face lots of troubles and you may lose interest in your house. When you don’t take any action, you may end up facing unnecessary disputes with the association board members. So, how can you resolve issues between your family and the association without losing the best house? There are certain legal aspects of the dispute resolution process that you need to understand. Let’s discuss one of those important aspects, which is HOA litigation.
What is HOA?
In most states, an HOA (Homeowners Association) refers to the collection of land that includes a group of residential units, a clubhouse, a pool, a tennis court, and so on. The term HOAs was first used in Florida in the late 1980s, but now it has been adopted by various other states.
The main function of HOAs is to manage the property and ensure that the residents are abiding by the community rules and regulations. If you own a home that is in an HOA, then you can join the association, and you will get access to several services provided by the association, like lawn care, snow removal, trash collection, and so on.
However, not everyone in the community will be a member of the association. Even if you have joined the association, you don’t have to pay monthly fees to the association.
How is it different from a condo association?
Although HOAs and condos are similar in the sense that both collect properties under common ownership, there is a major difference. HOA is usually a private entity, while condos are run by a condo association.
You cannot sue for any damage done to your property if it is owned by a condo association. HOA Litigation;If you are a member of the condo association, you can take legal action against the association, but not against individual unit owners.
However, the situation is different if your home is in an HOA. In this case, you can sue any person who violates the rules of the HOA, including board members and managers. You can file a lawsuit against these people and you can seek monetary compensation for any damages you have suffered.
Do I Need a Lawyer?
When it comes to HOAs and lawsuits, hiring a lawyer is the best decision.HOA Litigation; You may not be able to resolve your dispute by speaking with the board members. Even if you try to resolve the problem, you might face different problems. For example, you may receive a false claim that your neighbor has damaged the property, even though he hasn’t.
So, you can hire a lawyer to represent you and help you resolve your dispute.
The legal side of the home owner association
HOA stands for Home Owner Association, a legal structure that is designed to govern the communal activities of the residents of a community.HOA Litigation; However, most of the homeowners of the community never read the fine print of the HOA agreement and end up spending a lot of money without the benefit of getting anything back in return.
Why do most people sign their HOA agreements? HOA Litigation;Mostly because the person does not read the entire agreement, is not aware of what is actually written in the document, and is willing to take the risk of spending money without getting anything in return. Here are the main reasons why you need to read the entire document before signing:
HOA documents contain detailed terms that cover everything from the building of a pool, the creation of a park, the upkeep of the streets, the purchase of a fire truck, etc.HOA Litigation; The document covers every aspect of the community, so if you have any complaints about the community, then you should check to see if the document contains a provision regarding those issues. If it doesn’t, then you may not have any grounds to file a complaint.
If you are living in a community that is managed by an HOA, then you must understand the association’s rules and you must know what you can do to make sure that you are happy. HOA Litigation;If you know what you can and cannot do, then you will be able to avoid conflict with the board members.