When Your Dispute is With Your Homeowners’ Association

 In Uncategorized

homeowners' associationIf you’re paying HOA fees, you may have your own idea of how your homeowners’ association works. As long as things go smoothly, years pass without any concerns. However, what happens if you find yourself in a dispute with your HOA? Will you need help deciding your course of action?

All different types of real estate purchases require inclusion in a homeowners’ association. In some cases, the terminology may be a bit different. For example, you could belong to a condominium association or follow guidelines for cooperative apartments. Additionally, HOAs often set conditions for townhouse owners and select single-family developments.

All things considered, one basic difference exists between condo associations and homeowners’ associations. When you purchase a condo, you own your individual unit. Additionally, your condo association fees are also used in conjunction with your joint ownership of the building and property.

On the other hand, homeowners own their own lots and houses. However, they do not claim ownership to common areas, which are the responsibility of the HOA.

Problems with Your Homeowners’ Association

For the most part, property managers work in conjunction with homeowners’ associations and condo associations.  According to the Community Associations Institute, their property management organization estimates that over 69 million Americans partake in an HOA of some sort.

More than likely, you first learn the basics of your community’s HOA during your real estate closing. You receive pages and pages of documents regarding your new purchase. You remember some reference to the by-laws, but don’t have the time to go through them.

In the meantime, something simple could make you turn to the by-laws. Consider this example. You move into your condo with your tiny Yorkie named Bella. As far as you’re concerned, she’s confined to your living space, so there should be no issue.

The problem comes when you decide Bella is lonely during the day. So, you adopt another puppy to provide her with companionship. The two literally yap away – seemingly, from morning until night.

When you get a letter from the governing board of the HOA, you can’t decide whether you want to cry or scream at someone. Apparently, the guidelines say one pet per household.  Admittedly, you’re beyond incensed!  You’re not a renter! How can someone tell you what to do in your own home?

Know Your HOA’s Rules

Fighting with your homeowners’ association can get ugly. However, conflicts about pets are just one issue.  When you are confronted with problems, you learn the importance of knowing your HOA’s rules. In the meantime, you might be surprised to learn some common disputes.

Some HOAs dictate what you do to the outside of your own. For example, many mandate the types of windows and doors permissible in the community. Others require proof of insurance from contractors on your home. You may be limited in the color you paint your house or how you decorate it.  Other disputes include the following:

  • Challenges regarding the erection of fences
  • Concerns about maintenance and repairs
  • Restrictions on flag displays
  • Limitations on balconies and patios

When you review your association’s guidelines, you could become even more concerned. No doubt there are penalties written into the rules. It, therefore, appears critical to speak with an experienced real estate attorney to determine your rights and obligations.

Contact Us

Are you having problems with your HOA or condo association? Contact the Law Offices of Lawrence M. Centanni for legal advice. We will gladly meet with you to help you resolve your issues

If you’re paying HOA fees, you may have your own idea of how your homeowners’ association works. As long as things go smoothly, years pass without any concerns. However, what happens if you find yourself in a dispute with your HOA? Will you need help deciding your course of action?

All different types of real estate purchases require inclusion in a homeowners’ association. In some cases, the terminology may be a bit different. For example, you could belong to a condominium association or follow guidelines for cooperative apartments. Additionally, HOAs often set conditions for townhouse owners and select single-family developments.

All things considered, one basic difference exists between condo associations and homeowners’ associations. When you purchase a condo, you own your individual unit. Additionally, your condo association fees are also used in conjunction with your joint ownership of the building and property.

On the other hand, homeowners own their own lots and houses. However, they do not claim ownership to common areas, which are the responsibility of the HOA.

Problems with Your Homeowners’ Association

For the most part, property managers work in conjunction with homeowners’ associations and condo associations.  According to the Community Associations Institute, their property management organization estimates that over 69 million Americans partake in an HOA of some sort.

More than likely, you first learn the basics of your community’s HOA during your real estate closing. You receive pages and pages of documents regarding your new purchase. You remember some reference to the by-laws, but don’t have the time to go through them.

In the meantime, something simple could make you turn to the by-laws. Consider this example. You move into your condo with your tiny Yorkie named Bella. As far as you’re concerned, she’s confined to your living space, so there should be no issue.

The problem comes when you decide Bella is lonely during the day. So, you adopt another puppy to provide her with companionship. The two literally yap away – seemingly, from morning until night.

When you get a letter from the governing board of the HOA, you can’t decide whether you want to cry or scream at someone. Apparently, the guidelines say one pet per household.  Admittedly, you’re beyond incensed!  You’re not a renter! How can someone tell you what to do in your own home?

Know Your HOA’s Rules

Fighting with your homeowners’ association can get ugly. However, conflicts about pets are just one issue.  When you are confronted with problems, you learn the importance of knowing your HOA’s rules. In the meantime, you might be surprised to learn some common disputes.

Some HOAs dictate what you do to the outside of your own. For example, many mandate the types of windows and doors permissible in the community. Others require proof of insurance from contractors on your home. You may be limited in the color you paint your house or how you decorate it.  Other disputes include the following:

  • Challenges regarding the erection of fences
  • Concerns about maintenance and repairs
  • Restrictions on flag displays
  • Limitations on balconies and patios

When you review your association’s guidelines, you could become even more concerned. No doubt there are penalties written into the rules. It, therefore, appears critical to speak with an experienced real estate attorney to determine your rights and obligations.

Contact Us

Are you having problems with your HOA or condo association? Contact the Law Offices of Lawrence M. Centanni for legal advice. We will gladly meet with you to help you resolve your issues

Recommended Posts

Leave a Comment

Contact Us

Please leave us a short message and we will get in contact with you as soon as possible. Thank you.

Not readable? Change text. captcha txt
commercial leaseEjectment