Homeowners’ Association Disputes
Homeowner associations (HOAs) exist for the purpose of governing how properties within a planned community can be used and maintained. When a buyer purchases property within a community that is governed by an HOA, the buyer becomes a member of the association, and the use and maintenance of the property must conform to the requirements and restrictions established by the HOA’s governing board. The requirements and restrictions established by the governing board, however, must comply both with state law and with the rules put in place when the planned community was built. These rules commonly are referred to as the community’s Declaration of Covenants, Conditions, and Restrictions (or simply “CC&Rs”). These overlapping rights and obligations can lead to serious conflict.
Common HOA/Homeowner Disputes
Most disputes involving HOAs involve one or more of the following:
- One or more homeowners feel that the HOA’s governing board is trying to impose a rule that is unfair or is not permitted under the CC&Rs
- HOA’s governing board feels that the association’s rules are not being followed by one or more homeowners
- One or more homeowners feel that association dues are being mismanaged
- One or more homeowners feel that the HOA’s governing board is not enforcing the association’s rules, or that the rules are being enforced unequally
- There is disagreement surrounding the interpretation of a rule
How Munger • Denker • Ruiz • Barbour Can Help
The attorneys at Munger • Denker • Ruiz • Barbour have extensive experience in the law of real estate and HOAs, and the firm represents both homeowners and HOA’s. Our attorneys are dedicated to helping all involved avoid or resolve disputes.