What Are the Most Common Legal Disputes Between Homeowners and HOAs?
Homeowners’ associations (HOAs) play a crucial role in maintaining the appearance, safety, and property values of residential communities. However, tensions can arise when homeowners and HOAs disagree on rules, responsibilities, or enforcement. These conflicts can lead to legal disputes that impact not only individual homeowners but also the community as a whole.
Disputes Over Property Maintenance and Aesthetic Rules
HOAs often have strict rules governing landscaping, exterior paint colors, fencing, roofing materials, and even seasonal decorations. Although these regulations are intended to preserve uniformity and property value, they can feel overly restrictive to some homeowners.
For instance, a homeowner might wish to install solar panels, build a shed, or paint their home a non-traditional color, only to face pushback from the HOA. Disputes may also occur when homeowners believe the HOA is being inconsistent in enforcing rules, allowing certain neighbors to make changes while denying others similar requests.
In such cases, communication and documentation are key. Homeowners should carefully review their HOA’s governing documents before making changes to their property. Likewise, HOAs should ensure that their enforcement policies are applied uniformly and that decisions are made transparently to avoid claims of discrimination or selective enforcement.
Conflict Over Assessments, Fees, and Fines
HOAs rely on assessments to fund community maintenance, insurance, and shared amenities. Problems arise when homeowners fall behind on dues or when they question how the funds are being spent.
Disagreements may also occur when an HOA imposes special assessments—unexpected charges levied for major repairs or improvements—or when fines are issued for rule violations. Some homeowners may feel the fees are unreasonable or not properly authorized under the governing documents. Others may claim that the HOA has failed to provide adequate notice or an opportunity to appeal the fine.
Transparency and proper recordkeeping can help prevent many of these financial disputes. HOAs must follow their governing documents and state laws when levying fees or fines, providing homeowners with notice and a fair chance to respond. Homeowners, on the other hand, should communicate promptly about any financial hardships and request payment plans when available, rather than allowing debts to escalate to liens or foreclosure proceedings.
Disagreements Regarding Common Area Maintenance and Responsibilities
HOAs are typically responsible for maintaining amenities such as clubhouses, pools, roads, and green spaces. When maintenance is neglected or handled poorly, homeowners may claim that the HOA is failing its duties. Conversely, HOAs may accuse homeowners of causing damage or using common areas inappropriately.
These disputes often stem from misunderstandings about who is responsible for certain repairs. For example, in townhouse or condominium communities, questions can arise over whether roof repairs or exterior wall maintenance fall under the homeowner’s or the HOA’s obligations.
To minimize confusion, both parties should regularly review the association’s declaration and bylaws, which outline maintenance responsibilities. Clear communication and prompt reporting of issues can help prevent small problems from turning into costly legal disputes. When disagreements persist, mediation can often provide a more efficient and less adversarial resolution than formal litigation.
Frequently Asked Questions
What should a homeowner do if they receive a violation notice from their HOA?
A homeowner should carefully review the notice and the cited rule in their governing documents. They should respond in writing within the timeframe provided and request clarification if needed. If the homeowner believes the violation is unfounded, they may have the right to appeal the decision through the HOA’s established process.
Are HOAs required to hold open meetings?
Most HOAs must hold open meetings where homeowners can attend and express concerns. However, certain topics, such as legal or personnel matters, may be discussed in closed sessions. Reviewing the community’s bylaws will clarify what meetings homeowners may attend.
How can disputes between homeowners and HOAs be resolved without going to court?
Mediation and arbitration are often effective alternatives to litigation. These methods allow both parties to present their positions in a neutral setting and work toward a mutually acceptable resolution without the cost and time associated with court proceedings.
Annapolis HOA Lawyers at Oliveri & Larsen Help You Protect Your Property
Speak with the Annapolis HOA lawyers at Oliveri & Larsen today. Contact us online or at 410-295-3000 to schedule your consultation with our experienced team. With offices in Annapolis, Maryland, we proudly serve clients throughout the state.