Homeowners do not always need an attorney to resolve disputes with their HOA. But Robinson & Henry’s HOA Litigation Attorneys can help find a resolution to problems with your HOA. This article discusses two of the most common occasions that prompt disagreements between a homeowner and the HOA.
As the housing industry continues to grow in Colorado and other parts of the country, homeowners are seeing a corresponding growth in the number of HOA’s or Homeowner’s Associations.
Many homeowners move from a neighborhood that did not have an HOA or perhaps they are first-time buyers with little or no experience with homeownership or HOAs.
If you’re moving into a new neighborhood with an HOA, our HOA Litigation Attorneys suggest you familiarize yourself with how its HOA is set up. It likely will not be fun to read, but check out the HOA’s rules and regulations. If there are rules you cannot or do not want to live with, that neighborhood may not be the one for you.
One question potential clients often ask is when to hire an attorney to fight your homeowner’s association. Let’s explore how problems can crop up between HOAs and property owners.
1. When you request a variance from your HOA and it’s denied.
2. When you are assessed fines or violations for something that you think is okay under the HOA’s guidelines.
Regarding denied variations requests, homeowners associations must act in good faith and without partiality.
Often, disputes come about when a homeowner sees a neighbor put up a fence, build a shed, or park multiple vehicles that they, too, asked for but were denied by the homeowners association. Our HOA dispute attorneys can help determine if your HOA acted in good faith and was impartial when rendering decisions to you and your neighbors.
We can also help when you have been issued a fine or a notice of violation. The HOA must have procedures in place before issuing fines. All too often not the case.
Believe it or not, our HOA litigation attorneys often discover that a fine is imposed for something that is actually allowed under the HOA’s bylaws. Crazy, right? If you’ve been fined, particularly if it is a large fine, it’s worth having an attorney review the HOA rules with you.
Give us a call if either of these problems has occurred with your HOA. One of our experienced HOA litigation attorneys can help you negotiate with the HOA if you think it’s being unfair. Call 303-688-0944 to begin your free case assessment.