Showing posts with label HOA governing boards. Show all posts
Showing posts with label HOA governing boards. Show all posts

Thursday, March 28, 2013

HOA "Injustice"


There are many articles floating around on the internet that speak of the “injustices” that occur within homeowner associations.  Many homeowners feel that they do not have to answer to the association’s governing board, viewing the board as a group of bullies that trample on the rights of homeowners.  However, these homeowners forget that by living in a HOA community, they are agreeing to abide by the governing documents that apply to everyone living within the community.  These bylaws and governing documents try to serve the greater good that would benefit everyone in the most optimal way.  That does not mean that the board of directors will always make the right decision; they are also human beings and make mistakes.  It is not easy for anyone to exercise judgment over their neighbors. 

Homeowners may not always have their way in inevitable issues that turn up in HOA communities, but when the decisions they make about their property affect the home values or other costs of those who follow all the rules, who is really the victim?  A lawsuit between a homeowner and an association where the homeowner wins will likely result in an increased cost for everyone in the community as the association tries to pay for attorney fees.  When one person wins and everyone else in the community loses, is that really justice?

To read more about this topic, click on the following link:

Thursday, February 28, 2013

HOA "Shakedown"


In a homeowner association, decisions are made with the entire community in mind rather than individuals.  As a result, there are some instances where homeowners feel that since they pay their dues, they have a right to get their way.  So in some cases, homeowners start withholding dues in order to “shakeup” the board and get their desired outcome.  When this happens, the source listed below states that it is important to gain an understanding of the situation in a personal manner (a phone call from a board member as opposed to an email or letter).  

If the homeowner’s request is reasonable, then the situation could be resolved along with possibly waiving any late fees that have been incurred.  If the request is not reasonable, then explain the reasons why.  In many cases, withholding fees could simply be the result of financial difficulties.  If that is the case, the homeowner might be able to receive accommodations such as a payment plan based on their situation.  To read more about this topic, click here.

Friday, January 11, 2013

Homeowner Sues Neighbors, Association


When neighbors of Suzanne Taylor decided to clean up her cluttered patio area in a Buffalo HOA, Taylor filed a lawsuit against her neighbors and the Waterfront Village Association.  The case lasted for more than three years, until a federal appeals court ruled against Taylor and awarded attorney fees to Waterfront Village.  Taylor claimed the Association denied her disability accommodations for depression (which she had no formal diagnosis).  She also claimed, in the lawsuit, that neighbors trespassed on her land and stole her property.  She lost the lawsuit on both accounts.   The parties involved are currently in the settlement process.