10 Common Problems With Homeowners Associations (And When You Need a Lawyer)

Homeowners associations (HOAs) help in maintaining the appearance and functionality of residential communities. They set rules and regulations, manage communal areas, and collect fees for these services. 

However, like any organization, HOAs can encounter problems. Some of these issues can be resolved amicably, but there are times when you may need a lawyer to step in. 

1. Unreasonable Rules and Regulations

HOAs are responsible for creating and enforcing rules that maintain the community's appearance and quality of life. However, some HOAs can become overly strict or arbitrary in their regulations. 

If you believe that the rules in your community are unreasonable or discriminatory, it may be time to consult an attorney. They can help you understand your rights and work with the HOA to find a fair solution.

2. Fee Disputes

HOAs rely on member dues to cover expenses such as landscaping, maintenance, and insurance. Fee disputes can arise if members believe their fees are too high or are not being used appropriately. An attorney can help mediate these disputes or even challenge the HOA's financial management practices if necessary.

3. Architectural Control

HOAs often have strict guidelines regarding property alterations or additions. While these rules are meant to maintain a uniform appearance, they can sometimes be overly restrictive.

4. Maintenance and Repairs

One of the primary responsibilities of an HOA is maintaining common areas. If you believe that your HOA is neglecting these responsibilities, leading to safety hazards or decreased property values, you may need legal assistance to enforce their obligations.

5. Discrimination and Harassment

Discrimination or harassment within the HOA can take various forms, from unfair treatment based on race or religion to personal vendettas against specific homeowners. If you experience any form of discrimination or harassment within your HOA, an attorney can help you pursue legal action to protect your rights.

6. Mismanagement of Funds

Financial mismanagement within an HOA can lead to severe consequences, including higher fees or deferred maintenance. If you suspect that your HOA is mishandling funds or engaging in financial misconduct, consult an attorney who specializes in HOA law to investigate and take appropriate action.

7. Failure to Maintain Common Areas

The state of common areas can significantly impact property values and residents' quality of life. If your HOA is consistently neglecting maintenance or failing to address safety concerns, legal action may be necessary to compel them to fulfill their obligations.

8. Enforcement of Liens and Foreclosures

HOAs have the authority to place liens on properties and, in extreme cases, foreclose on homes for non-payment of fees. If you believe your HOA is unfairly pursuing these actions or violating your rights during the process, it's important to seek legal counsel.

9. Disputes Over Assessments

Special assessments are sometimes necessary for unexpected expenses or significant repairs. Disputes can arise when homeowners believe the assessments are excessive or unwarranted

10. Election and Governance Issues

Problems can arise during HOA elections or in the governance of the association. For example, internal conflicts, disagreements, or power struggles among board members can lead to stalled projects and deteriorating community relations. 

If there are concerns about election irregularities or violations of governing documents, legal intervention may be necessary to ensure a fair process.

Over to You

Homeowners associations serve essential functions in residential communities but can encounter various problems that require legal intervention. If you find yourself facing any of the common issues mentioned above and believe that your rights as a homeowner are being infringed upon, be sure to consult with an attorney who specializes in HOA law. 

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