How to Fight the Homeowners Association

If you have received a citation from your homeowner association, but you feel you have not violated any rule or bylaw of the association, you have the right to appeal against it. However, it is best to resolve the dispute amicably as the members of the association as your neighbors. Most decisions of the homeowners association are taken to enhance the value of the homes that belong to the association. If you have been asked to pay a fine or desist from a certain activity, you need to take up the matter with the association first.

Know the Bylaws

First read the bylaws as well as the citation carefully to understand which rule you have been accused of violating. If you then feel that you are not violating any bylaw, approach the association in person to ask for a hearing. If you are not granted a hearing, make a formal, written request for a hearing and preserve a copy of this document.

Hearing

At the hearing, present your version of the facts as well as your understanding and interpretation of the bylaws. In many instances, this will help to resolve the issue to your satisfaction.

State Laws

In the event that you are still dissatisfied with the outcome of the hearing, study the state laws and local zoning laws. These laws carry more weight than the association bylaws. If the state law is specifically on your side, bring this to the notice of the homeowners association. They will then concede your point.

Mediator

Sometimes there is animosity between a resident and the board members of the homeowners association. In such cases, ask for the services of a mediator to help resolve the dispute.

Fines and Structural Changes

Even if you plan to dispute a fine legally, pay it first. If you win the case you will get a full refund, and if you lose, you do not have to pay interest and penalties. However, in the case of structural changes, once you concede, you will not be able to easily undo the changes.

Getting Legal Help

Sometimes, the bylaws are phrased in difficult legal language. In other instances, the association does not agree to your interpretation at all. In such circumstances consult a real estate lawyer who will be able to interpret the bylaws for you and also guide you about relevant state laws that might override the bylaws.