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Legal Assistance for Homeowner Association (HOA) Disputes

By Robert L. Froerer on August 14, 2017

Signing a real estate contractHaving a house of your own is part of the American Dream, yet sometimes the joys of home ownership involve unexpected struggles. The attorneys at Froerer & Miles have helped numerous homeowners throughout Ogden with a number of legal disputes involving their homes. Having an experienced real estate attorney can be crucial when dealing with a homeowner association (HOA), a neighborhood association (NA), and other types of issues.

Let's take a moment to consider the basics of HOAs, the kinds of problems that may arise with regard to HOAs, and how our attorneys can help with these kinds of issues should they affect you.

How Homeowner Associations Work

A homeowner association (HOA) is a type of private association that is formed by real estate developers. An HOA is intended to help with the marketing, management, and sale of house that are located in a residential subdivision. Real estate developers are given special rights in governing the HOA while not having any legal or financial responsibilities.

Those who wish to purchase a residence located within an HOA must become a member of that organization and follow various restrictions with regard to home ownership. In essence, while the home is yours, you need to follow the rules of the HOA.

Common Types of HOA Disputes

The types of problems people may have with their HOA can vary, though four quite common disputes include the following:

  • Deed Restrictions – Deed restrictions refer to a property being restricted to residential use, and can also impose limits on property lines, the décor around a home, and the architecture/appearance of a house.

  • Home Maintenance Problems – These kinds of issues tend to arise when the front yard and any visible portions of a home are left unkempt or fall into disrepair, affecting the look of the building.

  • Assessment/Association Collections – When homeowners fail to pay their assessment or association fees, when they are delinquent with payments, or when there is a dispute about assessment amounts, some major issues may arise between property owners and their HOA.

  • Board of Directors – Problems may arise with the board of directors of an HOA, or any sort of governing body that may be in place.

Keeping the Rights of Property Owners in Mind

Sometimes assessment/association fees, home maintenance costs, and restrictions with regard to the look of a home may become unreasonable. Terms of an HOA agreement might wind up lead to a number of problems down the road, and there is something to be said about the loss of personal freedom even though you are a rightful homeowner.

Using Our Years of Legal Experience

All of the above issues are important matters to keep in mind when approaching legal disputes that involve HOAs. Knowledge of Utah laws and local statutes when it comes to HOAs can be crucial in parsing language and trying to reach amicable agreements with regard to what you are permitted to do and what you are not permitted to do.

Working with lawyers who are experienced with real estate and housing matters could mean the difference between navigating the American Dream and getting lost in a homeowner nightmare.

Contact Our the of Attorneys of Froerer & Miles

If you are going through a dispute over real estate matters or with your home owners association, we encourage you to contact our team of home and real estate attorneys today. Our team will be here to provide expert legal counsel.

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