When you buy a house, the excitement, financial obligations, and attention to detail regarding the house itself may fully occupy your attention. Any thoughts of a homeowner association will likely barely scratch the surface of your thoughts.
Many homes are built into little mini-communities that used to be known as “neighborhoods,” but are now typically referred to as “subdivisions,” complete with their own names, such as “Berry Hill” or “Lakeside Meadows.” Quite often, these subdivisions are governed on a very local scale by collectives known as homeowner’s associations (HOAs) or property owner’s associations (POAs) or even condominium owner’s associations (COAs). There is virtually no difference between these types of organizations.
Unfortunately, members of these associations sometimes run into issues usually driven by competing values or opinions of the various members; the most common of which concern allowable uses of property and property values. To make matters even more complicated, there are potentially hundreds of thousands of dollars at stake.
While most of the issues can be resolved amicably, there may be other times when that is not possible. If you are involved in an HOA dispute, you can access everything you need through the virtual services of the Law Office of Kim M. Dubois PLLC.
Settling HOA Disputes
If you are involved in a dispute with an HOA or in a dispute with a neighbor governed by an HOA, there are steps you can take to resolve these issues, including:
- Check the HOA’s Governing Documents. HOAs and members are governed by a set of official documents intended to lay out the “rules” that the HOA and its members must follow. Your requirement to abide by the HOA rules is typically contained in your original purchase agreement. Other governing documents may include:
- Articles of Incorporation or Association,
- Conditions and Restrictions (CC&Rs),
- Rules and Regulations,
- Restrictive Covenants,
- Design Guidelines,
- Bills of Assurance, and
- Other types of agreements.
The problem is, these documents can be very complicated, filled with legalese, and intertwined to the extent that they must be interpreted simultaneously.
- Try to Settle the Dispute Informally. Often, if you are armed with the HOA’s governing document rules, you can settle the dispute by either realizing you are in the wrong or explaining to the adverse party why the governing documents support your position.
Initiate Your HOAs Dispute Resolution Policy. These can be found in the governing documents, and usually take the form of mediation or other procedures involving an independent decision-maker. The rules and procedures should be laid out so you know exactly how to prepare and what to do.
- Consider Further Legal Action. If all else fails, and the dispute is worth it, consider the virtual services of the Law Office of Kim M. Dubois PLLC to explore your legal options.
Let the Law Office of Kim M. Dubois PLLC Today Help You With Your Dispute
Conflicts with an HOA or a neighbor can quickly become complex and confrontational. If you are facing such a dispute, you should utilize the virtual services offered by the Law Office of Kim M. Dubois PLLC, which are affordable and comprehensive.
The Law Office of Kim M. Dubois PLLC is a virtual firm. We offer flexible hours and free consultations. Our policy is to return phone calls and email messages on the same day. Our virtual services provide convenient and affordable options for everything you need right from your computer.
Contact us to learn more and schedule your free consultation.