Homeowner’s Associations (or HOAs) can be a very positive benefit for a housing development. However, there are numerous and common problems that can stem from HOAs.
Dispute Resolution with HOAs
Most HOAs have sections in the agreements signed with homeowners that detail how disputes can be handled. A typical form of dispute resolution mandates that the homeowner must attend mediation with a member or members of the HOA before filing a lawsuit. These forms of alternative dispute resolution involve a third-party hearing both sides of the issue. Then that third party can decide what the best option moving forward will be.
When Mediation is Not Required
If the homeowner’s agreement does not have a clause requiring a mediation, then a homeowner can proceed to file a civil claim for whatever harm was caused to them. Here at King Law we can represent you in such a matter. HOAs can often abuse their power and institute arbitrary or burdensome requirements that infringe upon some aspect of your enjoyment of your property.
Financial Mismanagement and Embezzlement in HOAs
HOAs can also run into problems managing money. Embezzlement has been known to take place in some HOAs and lost funds can be recovered through legal action. Also, predatory people sometimes try to take advantage of HOAs. Due to the fact that HOAs are run by homeowners that may or may not have experience with handling large sums of money or hiring contractors, among other tasks, they may intentionally or unintentionally mismanage dues and property.
Seeking Legal Recourse Against HOAs
Even if you are harmed unintentionally or as a result of incompetency by an HOA, you can still recover damages that you incurred. Our first course of action would likely be to send a demand letter to the HOA detailing what you wish to make happen. If that does not work, there are other steps including litigation that can be used to achieve your goal.
Either way, we will fight for you to ensure that your community is run appropriately and efficiently. Call King Law at 888-748-5464.
