Living in a neighborhood managed by a governing body, like a homeowners association (HOA), can offer numerous benefits, including community maintenance and the protection of property values.
However, there are also many instances where homeowners find themselves at odds with their HOAs. Most of the time, these disputes escalate toward legal action. What are the most common reasons homeowners sue their HOA?
Negligence
Maintaining public areas and, in some cases, some aspects of individual properties are among the primary roles of HOAs. Most of the neighborhood’s funds are typically used for maintenance and repairs. If an HOA is slow to make necessary repairs, homeowners may choose to sue their HOA to enforce maintenance obligations.
Remodeling disputes
Upon moving in, homeowners typically agree to follow the rules set by their HOAs, which include obtaining approval before making modifications to their property. Conflicts can occur when an HOA denies a homeowner’s plan for modifications, especially when there is perceived inconsistency in how rules are applied.
Discrimination
A neighborhood where the HOA has established many rules is not uncommon. However, suppose these rules are enforced selectively or based on protected characteristics, such as race, marital status and the number of kids in a household. In that case, the HOA may find itself battling lawsuits from residents.
Unfair pet policies
For most homeowners, their pets are part of the family, which is why HOA policies concerning them are often the subject of disputes. Homeowners suing HOAs over pet disputes occur as homeowners attempt to change the rules or force the HOA to allow them as an exception.
When it comes to protecting and maintaining peace in a neighborhood, it is crucial to know where the authority of the HOA ends and where a homeowner’s property rights begin. This understanding is critical to determining whether a homeowner is experiencing a violation of their rights and if they have grounds to pursue civil action.