Homeowners associations (HOAs) help preserve the character and property values of individual neighborhoods. They establish expectations for property maintenance and impose certain regulations on local property owners. For example, HOAs may limit what plants people can display in their front yards or what colors they paint their houses. They may prevent property owners from using their homes as short-term rentals or from throwing loud late-night parties.
Even upstanding members of the community can sometimes find themselves embroiled in a conflict with their local HOA. Sometimes, those disputes may end up going to court. The following are some of the more common reasons that homeowners and HOAs find themselves fighting a legal battle against each other.
Disagreements about community bylaws
Perhaps the HOA very strictly interprets certain language in its bylaws, while residents apply a looser or more liberal interpretation of those same rules. Differing perspectives on the true practical impact of a rule can potentially lead to lawsuits brought by homeowners seeking to protect their rights or HOAs trying to enforce community standards.
Cases of selective enforcement
Sometimes, homeowners may not even be aware of certain rules or standards because the HOA has never enforced them with other property owners. Someone facing citations and other penalties for leaving their trash bin on the curb overnight might choose to fight back because their neighbors engage in the exact same behavior. Scenarios involving selective enforcement often entail an HOA overstepping its authority or discriminating against one property owner. Local residents can potentially fight back against such conduct by initiating litigation.
Scenarios involving unpaid fees or fines
Residents in HOA communities typically pay a monthly fee to the local HOA for the maintenance of shared facilities. Sometimes, property owners fall behind on the fees that they owe. They may also refuse to pay fines for violations, at which point the HOA might attempt to engage in enforcement actions. A lawsuit can be a way to compel a homeowner to pay fees. It could also be an attempt to fight the imposition of fees and avoid penalties that could include foreclosure on the property.
Seemingly minor HOA disputes sometimes make their way to the civil courts. Property owners who understand what may trigger HOA litigation can more readily recognize when they need support to prevail in a dispute. Those who recognize when an HOA dispute might lead to litigation can better determine how to respond to a conflict.