HOA Threatening a Lawsuit: Can They Do That?

If your Homeowner's Association, the organization that oversees the condo complex or neighborhood in which your home is located, is threatening you with HOA lawsuits for some reason, you may wonder if they have any legal basis to sue you, or if there are any grounds for this type of action against you. In addition, you may be confused as to exactly what the legal options are in this case, and whether or not you have any recourse.

Understanding HOA Lawsuits

Homeowner's Associations are set up to preserve the integrity of neighborhoods, as well as to provide services to the individuals who live there, and you pay dues to them to make sure that they keep the neighborhood in good condition. Homeowners are bound by the terms of their agreement and covenants that you signed when you bought the home and agreed to live in that neighborhood.

  • Part of these terms are the obligation for the HOA to behave fairly, to address problems arbitrarily and without bias, and to operate transparently and not to unduly harass homeowners or residents.
  • If the homeowner's association is filing a lawsuit that you believe is intended simply to harass you, you may wish to check the terms of your original contract to see what rights you have with regards to frivolous lawsuits or unfair treatment by the HOA.

Homeowner's Associations typically do not bring lawsuits unless there has been some action by the homeowner that has violated the terms of your original contract and that has gone uncorrected despite their efforts to make you correct the problem and comply with your original agreement. A HOA may be justified in bringing a lawsuit against you if you have violated the legally binding terms of your original contract with the organization, and if you have refused to correct or alleviate the violation despite repeated notifications or requests from the HOA to do so in a timely fashion. Again, you will need to check the laws of your contract to see whether or not you have inadvertently created an actionable situation by something which you have done.

Homeowner's Associations do have the right to bring a lawsuit against you in many cases if you have clearly violated the terms of your original agreement. Like any signed legal document, the contract that you agreed upon when you moved into the area is a legally binding contract which can be enforced by lawsuits or other legal action if necessary.

Getting Help

If you are facing a potential HOA lawsuit from your homeowners association, it is usually a good idea to get a competent lawyer involved. Your attorney can help you to both understand your obligations and what may happen in a lawsuit, and to understand what your best course of action is when dealing with the HOA.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
Get Professional Help

Talk to a Real Estate attorney.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you