3 Signs That You Should Hire An Attorney In An HOA Dispute

Posted on: 5 June 2016

A homeowner's association can be a great thing. It can help ensure that your neighborhood is kept up properly and can protect property values. However, in some cases, homeowners find themselves in disputes with their homeowner's associations. Luckily, in these situations, a real estate attorney can help you. These are a few signs that you may need to hire an attorney to assist with your HOA dispute.

1. The HOA Is Accusing You Of Breaching Rules That You Haven't Breached

Being accused of breaking the rules isn't something that should be taken lightly, especially since your homeowner's association can force you to make changes, can fine you, or can proceed with legal action in these cases. If you have been accused of breaking rules that you haven't broken, you shouldn't take it sitting down. Instead, you should consider hiring a real estate attorney who can help you with the situation.

2. Common Areas Are Not Being Kept Up Properly

You have to pay the homeowner's association dues and deal with the rules of your HOA, so you deserve to enjoy the perks of living in one of these communities, too. If the common areas in your neighborhood—such as the swimming pool, entry gates, or common area landscaping—are not being taken care of, you deserve to fight back and ensure that your homeowner's association dues are being used properly. Your real estate attorney can talk to you about the situation and help you determine if you have a case.

3. You're Unhappy With HOA Rule And Regulation Changes

Over time, it's natural for homeowner's association rules and regulations to change. These rules can change as new issues pop up or as residents ask for new restrictions. However, your homeowner's association shouldn't be able to make up all of the rules without the input of residents like you. Also, in some cases, you may be able to be "grandfathered" in when new rules are implemented. For example, if your HOA makes a rule about the type of fencing that is erected on the properties within the neighborhood, you might be allowed to keep your existing fence, even though people who put up new fences might have to abide by the new rules. Talking to a real estate attorney can help you fight back against unfair rules and regulations and can help you protect yourself and your property from these sorts of changes.

For more information or assistance, talk with an attorney who handles real estate issues, like those at Kolvoord Overton & Wilson.