What are my legal rights to fight my HOA?

If your Board of Directors of your HOA does not follow the law or follow the association’s governing rules such as holding meetings, obtaining the majority vote of homeowners, preparing budgets, electing board members in a proper procedure, fails to make building repairs, collects excessive fees, dues, interest or court costs, you and other homeowners that are affected may have no alternative but to sue them and ask for attorney’s fees as well. You have the right to defend yourself if they sue you for non-payment of dues or assessments or allegedly violating one of the HOA rules. Each association has different rules and regulations and homeowners are expected to abide by the rules. If you don’t, your association could also foreclose on your property depending on your state’s laws. You need to review your homeowner association documents prior to closing on your property so you know what is expected of you and what the consequences are if you do not abide by the rules.

If you are involved in a dispute with your homeowner’s association,you should try and work it out in a friendly manner first before consulting an attorney. However, if you are unable to resolve the matter and you are thinking about suing, you should consult with a real estate attorney first to find out your legal rights and remedies. The attorney will need to review a copy of your homeowner association by-laws and covenants, conditions and restrictions. A lawsuit is expensive and affects the value of everyone’s property including your own so you should avoid a lawsuit whenever possible.