How To Resolve Legal Conflicts With An HOA And HOA Members
When an individual purchases a home in an area that is governed by a homeowner's association, they will automatically become a member, must pay fees, and must follow the rules of the HOA. These organizations can help maintain harmony in a community, but you may occasionally need to turn to an association lawyer if there are any conflicts that arise.
Failure to Meet Obligations
Some homeowners fail to pay their association fees in time. You will want to keep records to track who has paid and who hasn't. However, if you plan on taking action against a homeowner who hasn't paid their fees, you'll want to consult with a lawyer first.
Homeowners sometimes fail to follow rules such as respecting property boundaries, parking in an authorized zone, maintaining the property, failing to abide by agreements with neighbors, and failing to keep the noise down by keeping a barking dog or playing loud music.
Make Sure Your Governing Documents Will Hold Up in Court
Your community requires governing documents to function properly. You will need rules, regulations, and bylaws. You must also make sure that all of these documents follow state and local laws. An attorney can help you prepare these documents.
If you do end up in court, an attorney will be able to represent you. However, before it reaches this point, you may want your attorney to contact the homeowner or to issue a demand letter for payment if this is appropriate. Doing so will increase the odds that a homeowner will know about the seriousness of the situation. Also, an attorney can ease tensions by acting as a buffer when there is a dispute.
The Role of Your Legal Team
The statutes and laws for the regulation of these types of communities have become more complex, and you may need a lawyer to help you navigate it. You may need to hire a well-rounded law firm specializing in representing homeowner's associations. Otherwise, you may have a difficult time ensuring that your rules will be held up in court.
While there are some real estate attorneys who represent associations from time to time, they often do not have the experience that is necessary to be effective at representing a homeowner's association that is in conflict with a member. Regardless of the decision you end up ultimately making, an association attorney can provide you with the consultation necessary to make an informed decision.
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