Homeowners' associations (HOAs) exist in order to ensure common areas, roads, pools and other amenities enjoyed by neighborhood residents receive proper maintenance and repairs. HOA fees are based on the type of neighborhood and the facilities that require routine maintenance. When buying a home in a California neighborhood with an HOA, the buyer knows about the HOA covenant and payment.
In some cases, homeowners or other parties may find that the terms of their relationship are no longer beneficial. When disputes arise regarding homeowners' associations, it is necessary to secure the assistance of an attorney who has extensive experience with these types of contracts and organizations.
Disagreements and reasonable solutions
There are multiple reasons why disagreements and disputes arise between homeowners and homeowners' associations. While these organizations exist in order to maintain quality of life and keep neighborhood home values high, problems with HOAs commonly involve the following factors:
- Disagreements on repairs
- Issues with suggested upgrades or improvements
- The rights of homeowners regarding home appearance
- Expanding amenities
- The need for additional facilities
- Terms of the HOA covenant
- Sidewalk maintenance
- Safety and lighting
When these disputes reach a certain level, homeowners may find that they are in a position where they feel it is necessary to sue the HOA. When an HOA has mishandled or misappropriated funds or failed to make promised improvements, it can lead to litigation and further legal complications.
With the right help, it is possible to find solutions that provide benefits to both sides of the agreement. The law affords protections to homeowners and non-profit mutual benefit organizations, but it is important that the lawyer employed to address these matters has extensive experience in effectively managing this type of conflict while working to avoid litigation.
Protecting your investment and your rights
One HOA member has the ability to cause significant damage and exponential discord among neighborhood residents, yet every homeowner is afforded certain rights. All parties would be wise to be familiar with their entitlements and options in case of a legal dispute.
No matter the side of an HOA dispute on which you find yourself, it is important to remember that you do not have to navigate these complicated legal issues alone. You have the right to protect your property investment and your rights, seeking a solution that is sustainable and beneficial.