Whether it be disputes about noise levels, appropriate parking options, or the yearly fees, squabbles between residents and the governing HOA are inevitable. There are times when miscommunication or injustices occur, and individuals will challenge the homeowner’s rights against HOA policy or rulings. In this case, the residents of the neighborhood may question what they are legally entitled to receive or how they can push back when things seem unfair.
According to kdisonline.com, there are three things homeowners should consider when dealing with an HOA concern. Knowing how to address a board in these areas helps you know your legal ground.
- You are not allowed to be discriminated against. Race and ethnicity are not allowed to affect your residency.
- You do have recourse against the board, as they do not have unlimited power. There are governing documents that must be followed. Rules can’t just be made arbitrarily.
- You have the right to question and double-check any fee or fine before you pay it. You can take your issue before the board at a meeting or request a meeting with members on your own.
Even an HOA must obey any applicable state or federal laws, given their status as a non-profit organization, which gives homeowners a right to seek legal counsel if they feel things are getting out of hand. Knowing the areas of opportunity to take action and knowing contract wording can help if you are going to pursue this course of resolution.