A dispute with your homeowners' association (HOA) can be costly if you don't handle it right. Use the following tips to help you solve disputes with your HOA.
Understand the Laws and Rules
The first step is to understand what the law and rules say about the subject matter. Research your HOA's rules, your state's laws on HOA management, and federal real estate laws. The research will help you confirm that you are on the right before you escalate matters further.
Understand what the rules say, how to change the rules, what the enforcement strategies are, and what the penalties are for rule-breakers. Here are a few tips for research into the laws and rules that affect your relationship with the HOA:
- Scrutinize your HOA agreement
- Seek clarification from the HOA
- Research state and federal laws online
- Consult a real estate lawyer
For example, Florida laws give you the right to attend and speak in all meetings of the board. Thus, a board that locks you out of their meetings is in violation of the law.
Use Written Communication
Use written communications in all your dealings with the HOA. Written communication can take the form of typed, faxed, or handwritten documents. Even when you make a verbal agreement, send a written confirmation. That way, you can use the communications as evidence in future dealings with the HOA.
Pay Your HOA Dues
You must pay your HOA dues even if you disagree with them — pay even if the disagreement is about the payments. The payments are your legal obligations as long as you are a member of the HOA. Most HOAs charge interest and penalties for those who default in payments. Stopping payments is the same as taking matters into your own hands and won't help you.
Rally the Neighbors
If the issue at hand affects all or many of the HOA members, then you can rally the others to help you with the dispute. Examples of issues that affect many people include:
- Mismanagement of HOA funds
- Poor communication
- Poor discharge of HOA duties
There is strength in numbers. The management may be more inclined to deal with your complaint if you have the backing of your neighbors than if you are a lone ranger.
Be Civil
Be civil in all your dealings or communication with the HOA. Don't make it an issue of you against them. Make the HOA understand that your main interest is to resolve the dispute. You should specifically resist the urge to get personal with members of the board. Personal attacks waste time, create enmity between you and your HOA, and don't solve anything.
Consider ADR
Alternative dispute resolutions (ADRs) are techniques to resolve disputes without lawsuits. Most HOAs have rules that demand ADRs before members can file lawsuits. ADRs make sense even if your HOA agreement doesn't have the requirement. The two common forms of ADRs include:
- Mediation – involves a third party who acts as a moderator to help you negotiate and agree
- Arbitration – involves a third party who listens to your arguments and issues a ruling
ADRs can help keep your relationship with the HOA (and other members of the HOA) cordial and save you time and money.
Seek Legal Redress
While you might be reluctant to sue your HOA, sometimes that is the only option to solve a dispute. Weigh the pros and cons of a lawsuit before you file your case. For example, a lawsuit may be worthwhile if you have lost or stand to lose a lot of money with the dispute.
Donald B. Linsky & Associate PA can help you handle any dispute you might have with your HOA. We can advise you, represent you, or help you seek legal redress.
Contact us
today so that we can assess the dispute and advise you on the best way forward.
