You’ve found the perfect home, but you discover it is part of a homeowners’ association (HOA), and you need to pay a monthly fee. You may be wondering what is a Homeowners’ Association? And when would you ever need a lawyer to deal with one? Let’s discuss.
What is an HOA?
An HOA is an organization that manages a residential community. The HOA is typically responsible for maintaining common areas and enforcing the rules. These are also known as a Declaration of Covenants, Conditions and Restrictions (CC&Rs). The CC&Rs are typically put in place by the original developer to ensure quality of life for the residents and to preserve property values. Once the development is complete, the HOA is typically turned over to the residents and run by a board of directors. The board consists of elected members from the community.
The CC&Rs can place restrictions on such things as general exterior condition of the properties in the community, including paint color, as well as fencing and landscaping type and color. They may also govern how properties can be used and even noise control. The CC&Rs must be followed by each homeowner in the community. If a homeowner does not follow the rules, they may be charged penalties and fees, or find themselves in litigation.
How does this affect you?
So you find a house that you want to purchase, and it is in a community with an HOA. You will be required to become a member of the HOA and pay monthly fees. If you have a problem with any of the rules or another homeowner in the HOA, the first step is to contact the Homeowners Association. Most times these issues can be resolved within the association. Other times, depending on the dispute, an attorney may need to be involved. Since an HOA is a legal entity, the association and the CC&R’s can be brought into a lawsuit, when necessary, to protect your rights.
If you ever find yourself in a situation where you need an attorney to address issues with an HOA or on behalf of the HOA itself, don’t hesitate to reach out. Sher has attorneys on staff with the experience needed to handle the myriad of conflicts that can arise when an HOA is part of a community.
Reference – https://www.lawyers.com/legal-info/real-estate/homeowners-association-law/disagreements-with-your-hoa.html
Share this article:
