{"id":2030,"date":"2022-02-14T10:00:00","date_gmt":"2022-02-14T15:00:00","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=2030"},"modified":"2024-04-25T23:19:21","modified_gmt":"2024-04-26T03:19:21","slug":"can-i-sue-the-homeowners-association","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/can-i-sue-the-homeowners-association\/","title":{"rendered":"Can I Sue the Homeowners\u2019 Association?"},"content":{"rendered":"\n

Know Before You Buy<\/em><\/strong><\/p>\n\n\n\n

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Buying a condo is a great way to shift from renting to homeownership. Condos are popular, low-maintenance investments. But when community associations fail to function as they should, they set the stage for conflicts.<\/p>\n\n\n\n

If you\u2019re at odds with your homeowners\u2019 association (HOA), you can sue. Once a court gets involved, the HOA can be compelled to follow state law \u2014 or the rules established by the association, which is a creature of state law.<\/p>\n\n\n\n

Courts can decide who has the prevailing right: the unit owner, or the association. In rare cases, a court will strike down an HOA rule as unconstitutional or otherwise contrary to law.<\/p>\n\n\n\n

Read on to learn about why people might sue, why they might not, and how most people who live in condos feel about their HOAs<\/strong>. Keep in mind that this overview is not legal advice, and not intended as a substitute for case-specific legal guidance. Everyone\u2019s situation comes with its own set of facts. Outcomes depend on the interplay between the facts, the relevant HOA documents, and state law.<\/p>\n\n\n\n\n\n\n\n

The Basic Idea: HOA Rules Benefit the Community as a Whole<\/strong><\/h2>\n\n\n\n

Generally, a community association and its governing board act to protect owners\u2019 peaceful enjoyment of their properties. Volunteer board members are entrusted with the budget and financial decisions. They make rules to conserve the community\u2019s property values and promote harmony among the owners.<\/p>\n\n\n\n

Each new unit owner who joins the community accepts its Covenants, Conditions, and Restrictions (CC&Rs), which the board enforces. For many multi-unit developments, CC&Rs affect everything from pool use to parking spaces to noise limits, and unit owners\u2019 right to use their property for income.<\/p>\n\n\n\n

Pro tip:<\/em><\/strong> Know your deed restrictions<\/a> before you buy. Multi-unit properties limit what individuals can do with their units. Renting or using a property as a vacation space might be off-limits. There might be age restrictions<\/a>. A declaration of Covenants, Conditions, and Restrictions is a public document; if you\u2019re interested in any condo property, the CC&Rs are available to you in the office of the county recorder of deeds.<\/strong><\/p>\n\n\n\n

Buyers receive the CC&Rs for review before closing a purchase, but don\u2019t always review them carefully. The trouble comes when the HOA suddenly takes enforcement action \u2014 or refuses to enforce rules when they ought to. It\u2019s not unusual for the affected unit owners, at that point, to wonder about their legal options.<\/p>\n\n\n\n

What to Look Out For: Common Conflicts Arising for Condo Properties<\/strong><\/h2>\n\n\n\n
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In the interest of maintaining a consistent aesthetic, condo boards may regulate anything visible from outside: curtains and front doors, decorations and gardens, lights and bikes, waste and recycling canisters, and the sizes of HVAC units. Rules on pets vary and contain exceptions. Cars have to be registered. Units have occupancy and use limitations. Boards can change their rules, raise their monthly fees, and impose special assessments without much advance notice. Depending on state law, boards may not even have to hold open meetings.<\/p>\n\n\n\n

So, a great many scenarios can turn into points of contention. Some of those things can be easily ironed out. Some can\u2019t.<\/p>\n\n\n\n

Maybe board-approved work in another unit has affected the value or physical structure of yours. Maybe the maintenance team has damaged your unit. Maybe the board has made faulty landscaping or infrastructure decisions. The management might have created or neglected physical hazards, contributing to an injury or compromising property values. The board could have condoned harassment or illegal conduct. Or maybe you have received a fine, or a revocation of privileges to use the common areas, and it\u2019s just not sitting right with you.<\/p>\n\n\n\n

In these or similar situations, it\u2019s best to read the rules carefully. Look for amendments. If you still disagree with the board\u2019s conduct, as a unit owner you may take the matter up with the board. You\u2019ll likely be allotted time at a board meeting to contest the board action or inaction. Otherwise, you might need to set up a special appointment to make your case for a reversal or exception.<\/p>\n\n\n\n

To Sue or Not to Sue: Why a Lawsuit Is a Last Resort<\/strong><\/h2>\n\n\n\n

Unit owners rightly expect their condo boards to benefit and protect the community and individual unit owners. A condo board should:<\/p>\n\n\n\n