What To Do If You Find Yourself In An HOA Dispute
HOA’s rules and regulations can be daunting and cause significant anxiety. If you find yourself in a dispute with your HOA, you may feel stressed, overwhelmed, unsure what your rights are, and uncertain as to the next steps. In this article, we’ll walk you through what to do to protect yourself and your rights.
Reach Out To An HOA Lawyer
First things first: contact an HOA lawyer and always take the high road. As frustrated, overwhelmed, and upset as you are at your HOA, it’s important that you always take the high road and make good, level-headed decisions. This is important because you’ll likely remain living in your home long after the dispute is over, so you don’t want to have any lasting negative effects or ill will. It’s best to approach a dispute with your HOA in a businesslike manner, doing your best to keep it professional and not let your personal feelings interfere.
Understand Your Rights
Before you take any action of your own against your HOA, get in touch with an HOA lawyer as soon as you’re aware of the situation. Whether your HOA served you with a lawsuit or have just issued a demand letter, it’s never too early to speak with an HOA lawyer to understand your rights and prepare a plan to move forward.
If you wait too long, it may be too late. Any delay in action on your part can result in HOA lawyers tacking on additional fees, obtaining a default judgment, or pursuing additional action against you. Aside from contacting an HOA lawyer, here are four important things to do when in a dispute with your HOA:
Keep Meticulous Records – Assume that the dispute will end up in court. You will need to show proof. Photographs, copies of checks, emails, violation letters, etc. Never assume that your HOA will keep accurate records. You need to be able to prove you are in the right. Document everything and always keep copies.
Don’t Ignore It – Many people like to give the benefit of the doubt. “If I put my head down and don’t say anything, it’ll go away” is really bad advice. It’s important to make sure you don’t ignore lawsuits or claims against you! The same is true for violation letters. The HOA will not hesitate to escalate a dispute by hiring a lawyer. Ignoring warning signs could be devastating… and costly! Early intervention, on the other hand, can lead to early resolution.
Get Clear on the Rules – Get to know your HOA rules. Read the guidelines and make it a point to show up to the board meetings so you are up to date on the latest updates. Ask questions. Request to review records.
By having a thorough understanding of your HOA rules, you can avoid unnecessary conflict and arm yourself with the knowledge and confidence you need to make decisions about your property and to set up a defense against the board, should you need to.
In the case of the HOA violating their own rules or overstepping their authority, a dispute may be inevitable. This is why it’s important that you contact an HOA lawyer as soon as possible to understand your rights and protect your interests in the case of a lawsuit.
Always Pay Your Assessments, But Be Wary of Other Charges – When money is tight, families often tighten the belt. One of the first bills that people skip is often the HOA assessments. This can also be one of the worst decisions you can make. HOAs in most states have the power to foreclose – to sell your home for unpaid assessments. HOA’s liens also often will survive bankruptcy. HOAs will hire lawyers who will tack their fees on to your account. And the snowball begins rolling faster.
Pay your assessments. If you miss a payment or fall behind, immediately catch up. If you’re offered a payment plan, make sure it’s in writing and spells out exactly how much you will pay. The same is not necessarily true with fines or penalties. They can be challenged on a number of grounds. Consult a lawyer.
Reach Out Now
Contact a lawyer immediately if you feel your HOA is abusing its power, acting improperly, or has filed a lawsuit against you. By having the skilled knowledge and professional advice of an attorney, you can rest assured that your best interests are taken care of.
Feuding with your HOA can be a difficult and sensitive situation. The last thing you want to do is end up in a position where you feel like selling your home is your only escape. By arming yourself with the right knowledge and a good attorney, you can handle your dispute professionally and move on swiftly.
About the Author
Jonathan Dessaules, from Dessaules Law Group, is a licensed attorney with over 20 years of litigation experience and a leading HOA attorney in Phoenix. He and his firm primarily practice in the areas of real estate law, HOA defense, employment, commercial disputes, and insurance defense in all state and federal courts in Arizona. He holds active licenses in Arizona and California and represents clients in civil and commercial matters throughout both states at both the trial and appellate level.
