Homeowner Association Dispute
A homeowners association, more commonly known as an HOA, is the governing body of a neighborhood or condominium complex. Most new developments have set rules enacted before the first home is ever sold, and the HOA works to enforce these rules that stipulate property maintenance, resident conduct and other factors.
While the HOA is technically in place to protect the homeowners, disputes between residents and their HOA are much more common than you might believe. This type of disagreement can lead to the homeowner being cited, fined or even sued by their homeowner association. In other cases, the HOA may be putting inappropriate restrictions on the homeowner or failing to properly enforce regulations, and a suit may also be filed against the HOA.
What Causes Action by an HOA?
A homeowner association may cite residents for any breach of the HOA regulations, although some are more common than others. Being fined is commonly the punishment for repeated offenses, and legal action may occur if these fines are not paid or the issues are not resolved. One of the most common reason an HOA will file suit against a homeowner is for failure to pay their annual or monthly dues. Complaints about property maintenance are also common. Other reasons may include parking in unauthorized areas and violating noise ordinances.
Why Do Residents Sue Their HOA?
The purpose of a homeowners association is to look out for the best interest of homeowners. When the HOA fails this mission, a dispute can arise and quickly escalate to the level of legal action against the association. Common reasons this occurs may include unapproved changes to the rules, failure to maintain common areas, blocked views from new construction, property encroachment, and inappropriate enforcement of HOA regulations.
How Can I Find a Real Estate Lawyer to Help?
For homeowners in San Fernando Valley, California, obtaining a referral for an experienced real estate lawyer who handles HOA disputes is as simple as calling (818-340-4529. The Attorney Referral Service of The San Fernando Valley Bar Association matches residents with local lawyers to ensure you have the best chance of winning your case.