Resolving Conflicts With Your HOA
Homeowners’ associations can be a blessing and a curse. On one hand, they ensure the neighborhood is held to a certain standard of cleanliness and order. On the other hand, they can prevent you from having total freedom on your own private property – and they wield legal power in many instances.
The two areas that homeowners and HOA board members most commonly have conflict is in the collection of dues and assessments, and overall enforcement of neighborhood rules. Tensions can be amplified by the HOA’s ability to fine homeowners who don’t comply, or even file a lien against the property in question.
Resolving conflict with your HOA can be a delicate process depending on who your board members are.
Here are four ways to effectively handle HOA conflict:
Fully understand the rules. Before attempting to negotiate with your HOA – or preferably before you close on your home – you should be current on all relevant documentation, including government documents, rules, and regulations. Knowing the rules so you can comply with them is one of the best ways to avoid conflict in the first place.
Remain civil. Keep in mind, your HOA’s board members are also your neighbors, and are volunteering in order to better the neighborhood. Treating people with kindness and respect goes a long way towards a better outcome. After all, your board members are only looking for you to comply with the rules, they don’t want to punish people unjustly.
Keep records of your responses. HOA conflicts that escalate are likely to go to court if they linger on long enough. Keep correspondence with your HOA in writing so that you have a paper trail to reference in the event you do need to make an appearance in court. It may also help to have all members of the board on the same page with your conflict, as well as any neighbors to avoid bringing hearsay into the situation.
Don’t stop paying your dues. The last thing you want to do is hand over your hard-earned money to an organization you’re engaged in conflict with, but it’s important to continue staying current on your dues. Otherwise, any outstanding amounts can escalate quickly once attorneys are involved. If you’re overcharged, you can request a refund after the conflict is handled. You’re hurting yourself much more than you’re hurting the HOA by not paying your dues.
If you’re engaged in conflict with your homeowners’ association, the team here at the BCN Law Firm want to help. Our seasoned professionals can effectively represent you against your HOA and can facilitate a civil conflict resolution.
For more information or to schedule a consultation, call us today at 352-394-2103.