Froerer & Miles

Real Estate and HOA Issues

By Robert L. Froerer on December 26, 2019

Homeowners association (HOA)Homeowners associations, or HOAs, offer a number of conveniences to people who own a home. Homes in the community tend to be well-maintained and be properly kept from the outside, which means great looking properties around the neighborhood. However, disputes can arise with you and the HOA. When these disagreements reach an impasse, speaking with a real estate attorney from Froerer & Miles can help.

Our lawyers have helped clients with HOA disputes in and around Ogden, Layton, and Salt Lake City, UT. Let’s go over some HOA issues and common reasons disagreements arise below.

Going Over HOA Rules

The HOA rules are typically outlined in a Declaration of Covenants, Conditions, and Restrictions (CC&Rs). This is a legal document that establishes ground rules for the community you’re a part of. New buyers are given a copy of the HOA’s CC&Rs to review. This ensure that homeowners know exactly what they’re getting into.

Before you finalize the purchase of your home, be sure to read throughout CC&Rs carefully and ask questions about any rules that are unclear or that do not seem reasonable to you.

Changes to HOA Rules

Periodic HOA meetings are held in which rules may be changed. It’s important for homeowners to keep up with any rules changes that occur in the time after their initial review of the CC&Rs. Ideally, as a resident, you should attend these meetings to voice concerns and to keep up to date with any new rules or changes to existing rules.

Common Disputes with an HOA

Common disputes that may arise with an HOA could include the following:

  • HOA board is not transparent with how dues are being spent
  • Poor communication/lack of communication from the HOA board
  • Failure to make requested repairs
  • Failure to regularly maintain properties
  • HOA does not remedy issues in the neighborhood
  • Some HOA members are not subject to rules while others are

Ultimately, disputes will arise with an HOA when there is an unequal application of the rules or when the HOA does not function in a way that looks after homeowners who are part of the community.

Ways to Resolve HOA Issues

When HOA disputes arise, make sure to voice your concerns in writing. This leaves a trail of documentation that can be referenced if there is an eventual legal proceeding. Remain calm during this correspondence, and express your issues in a reasonable manner.

Even if the situation escalates, always pay your HOA dues on time. Fines and interest on delinquent payments can add up. You may be entitled to a refund of HOA dues if an HOA case is eventually ruled or resolved in your favor.

How Our Lawyers Can Help You

If you are unable to come to an agreement regarding an HOA matter, our lawyers can offer insight and advice. We can look over CC&Rs and correspondence regarding the dispute and help you understand the ideal options going forward. We can also go over the various pros and cons of mediation or litigation so you can make the best choice for you and your household.

Contact Our Law Firm

To learn more about disputes with your HOA and other matters related to owning your own home, be sure to contact our team of real estate attorneys. The lawyers at Froerer & Miles can help you with these matters. You can reach our law office by calling (801) 614-2934.

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