What Legal Recourse Do I Have Against My Homeowners Association?

On Behalf of | Nov 12, 2019 | Firm News |

In subdivisions and planned neighborhoods, homeowners associations (HOA) establish and enforce rules and standards that keep communities clean, safe, and aesthetically appealing. To keep this mutual relationship running smoothly, residents are expected to pay regular dues and maintain their properties according to HOA guidelines. In turn, HOAs have their own obligations outlined in their governing documents. Some homeowners find their HOA to be efficient and responsive, while others find them overzealous or even negligent. In some cases, homeowners are compelled to take legal action against an HOA.

Common Reasons for Claims Against HOAs

If you cannot reach a peaceful resolution with the HOA after verbally expressing your concerns or writing a letter, or your concerns are especially egregious, you may consider bringing a claim. Common reasons homeowners sue their HOA include:

  • Denial of homeowner plans: Turning down a resident’s request to perform home updates or repairs
  • Discrimination: Failing to make reasonable accommodations for disabled residents
  • Failure to repair or maintain common areas: Specifically as required by HOA contracts
  • Mismanagement of member funds: Theft, fraud, or embezzlement
  • Pets: Disputes with pet restrictions, support animals, or pets in common areas
  • Pursuing resident violations: Problems regarding how and why an HOA penalizes non-compliant members

How to Bring a Claim Against Your HOA

If your HOA has failed you and your neighbors in any way, you may have reason to file a claim.

For example, maybe your HOA is responsible for maintaining the neighborhood recreation area. Yet, your child was hurt on playground equipment that the HOA had been notified needed repairs months earlier. You might consider filing a claim for damages to not only pay for your child’s medical bills, but to deter the HOA from overlooking needed repairs in the future.

You can also petition for an outdated or unreasonable rule to be amended or deleted. If a HOA Board Member is not acting in members’ best interests, you can request their removal. Your Philadelphia business lawyer reviews your HOA contract, gathers evidence to show neglect, and files your claim in the appropriate court. It should also be mentioned that HOAs can also bring claims against homeowners who are behind on dues, fail to maintain their property as required, or break other rules included in the HOA contract.

Philadelphia Business Lawyers at the Harty Williams Resolve Complex Homeowners Association Disputes

Ideally, homeowners associations and their members can work together to keep their developments and neighborhoods clean, safe, and well-maintained for the enjoyment of everyone. Yet, all too often, HOA rules are a source of contention. The Philadelphia business lawyers at the Harty Williams Grouprepresent clients on both sides of HOA disputes to find quick resolutions for a peaceful community. Call us at 267-383-3899 or contact us online to schedule an initial consultation today. Located in Philadelphia and Haddonfield, New Jersey, we serve clients throughout Pennsylvania and New Jersey.