Homeowner associations are common governing bodies for many communities around the nation. Whether the neighborhood is comprised of stick-built homes, or a condominium community, these associations, often referred to as an HOA, may be difficult to bring suit against under normal circumstances. The rules and regulations stipulated in the bylaws allow the governing body to delegate fines and penalties for failure to adhere to the covenants, conditions and restrictions (CC&Rs) agreed upon. However, a homeowner may bring suit against the association under certain circumstances.

One such example that may lead to grounds for bringing a lawsuit against an HOA is known as a breach of fiduciary duty. This is the failure of the HOA to manage the association’s affairs sensibly and reasonably. Negligence is another issue a homeowner may present against an HOA; for example, improper care and maintenance of the community that has led to injury or damage of personal property.

Another situation that warrants suit against an HOA is when it violates its own rules and restrictions. The HOA is held to the same terms as outlined in the CC&Rs and failure to do so may be considered a breach of contract. The CC&R is more than just an agreement between the HOA and a homeowner: it is a binding contract subject to litigation should it not be upheld.

It is important to know the finer details of an HOA agreement. An example might be a stipulation that any board member must immediately resign their position should they leave the boundaries of the neighborhood that the HOA governs. This would be perhaps a more obvious example of a breach of contract, but lesser known regulations should be understood. Noise levels, improper landscaping care, and other equally important guidelines fall under the responsibility of the HOA to rectify.

As with all litigation, seeking professional advice from an attorney is highly recommended.

Source: The Nest