Posts made in June 2019

When you purchase a property in a building or community governed by a homeowners’ association (HOA), you agree to abide by its rules. These rules are initially developed by the property developer and are enforced and amended by the HOA board of directors. Your HOA community rules are outlined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). CC&Rs might state whether homeowners may erect fences or swimming pools, what color they can paint their home, what their obligations are regarding lawn-mowing and snow removal, what pets are allowed, and much more.

For the most part, HOA’s work well to maintain the condition, value, and in many instances, uniformity of the properties within the association. Typically things run smoothly as long as everyone follows the rules, but what happens when you disagree with the HOA, and the board running the association, and you don’t see eye to eye?

Can you take legal action against your HOA if you feel you are wrongfully accused of disobeying the bylaws? The answer is yes. With the legal aid of an attorney in Loudon County, VA, the Ceresa Law firm has the experience you want defending your case. If you have a major dispute and believe your HOA is out of line, and you haven’t been able to work out a compromise or initiate an amendment to the rules, you can take legal action. Because an HOA is a legal entity, you can file a lawsuit against it and ask a court to get involved.

Belonging to a homeowners association (HOA) has many benefits, particularly if you live in a condominium and prefer to handle little to no home maintenance. Living in a property or community governed by an HOA is also known to boast well-maintained amenities, creates a sense of community amongst neighbors, and increases property values. For the most part, belonging to an HOA is a plus, but sometimes there can be negatives. To avoid HOA related troubles, we’ve compiled a list of steps to take should problems arise.

#1 Know the HOA rules and bylaws. This is something you should read up on and be familiar with before agreeing to purchase an HOA-governed property.

#2 If you’ve been found negligent in some aspect of the bylaws, respond to any allegation of violation in writing with the help of an attorney in Loudoun County, VA. Face-to-face meetings are beneficial, but always follow up with a written understanding and response.

#3 HOA rules are usually legally binding. That’s not to say that a law firm in Loudon County, VA, can’t help to resolve the matter, but the governing law is a law, so you’ll need to deal with the citation accordingly.

#4 Be aware that failure to follow community guidelines can result in penalties and fines, including the cost of litigation. It can also be costly to file a lawsuit against your HOA, as the HOA will incur its own attorney’s fees which will eventually be passed down and paid through community HOA assessments.

#5 Always pay your HOA dues on time, even when disputing an issue. Interest and fines can add up later, and you will be held responsible for them.

If you’re unable to settle a problem with your HOA, contact the Ceresa law firm in Loudon County, VA. We’ll work on your behalf to resolve the dispute as quickly and amicably as possible, always keeping your best interest as our driving force.