Living in a community governed by a Homeowners Association (HOA) can have its benefits, such as maintaining property values and ensuring a harmonious neighborhood. However, what happens when the HOA fails to enforce its rules?
This can be a troubling scenario because the HOA’s failure to uphold its CC&Rs can adversely affect the property values of all community members. When the HOA selectively enforces these rules, there can also be concerns about playing favorites with certain community members over others—or even unlawful discrimination against certain neighbors.
It's important to consider actionable steps you can take if your HOA isn't upholding its responsibilities. At Bundren Law Firm P.C., we understand the frustration this can cause, and we can provide the specific guidance and real estate legal support you need. That said, review some of the steps you can take below to learn more about your potential options.
Review the HOA Documents
The first step in addressing a situation where the HOA isn't enforcing its rules is to thoroughly review the governing documents. These may include the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and any other relevant policies. Familiarize yourself with the rules and regulations that the HOA is obligated to enforce.
It’s important to document violations as evidence of the HOA’s inaction. Take photographs, videos, and detailed notes of the violations, along with dates and times. This evidence can be valuable when discussing the matter with the HOA board members or seeking legal assistance.
Communicate with the HOA Board
Open communication with the HOA board members is essential. You can start by submitting a written complaint detailing the violations and requesting action. Be sure to keep a copy of the complaint for your records.
If the board fails to respond or address the issue adequately, consider attending an HOA board meeting to voice your concerns directly. If confronting the board on the record fails or makes the situation worse, you’ll want to consult with an attorney for legal support.
If direct communication with the HOA board proves unfruitful, mediation can be a helpful next step. Mediation involves a neutral third party who facilitates discussions between you and the HOA. This process can often lead to a resolution without the need for litigation. Check your HOA's governing documents to see if mediation is a required step before pursuing legal action.
In some cases, legal action may be necessary to ensure the HOA fulfills its obligations. Consult with an experienced attorney who can assist with HOA disputes to understand your rights and options. They can guide you through the legal process, including filing a lawsuit if necessary.
When the HOA fails to enforce its rules, it can disrupt the harmony and integrity of your community. However, by taking proactive steps and seeking legal guidance when needed, you can protect your rights and hold the HOA accountable.
At Bundren Law Firm P.C., our attorney is an experienced advocate who can assist clients engaged in HOA disputes. Reach out to us at any time when you need reliable legal support to help you hold an HOA accountable to its members.
Contact us today to discuss your situation and explore your options.