Homeowner associations or HOA are responsible for making and enforcing rules for real estate subdivisions like condominium buildings and planned communities. HOA can impose taxes and fines and even foreclose your property.
However, HOAs have challenges that often require legal help. People with problems with the homeowner association or homeowners themselves can seamlessly reach out to Lehr Law to solve their cases.
A Brief Overview of Homeowner Association
In 1985, the California state assembly passed the Davis-Stirling Act. The act governs HOAs in California and allows developers to create Homeowner Association. These non-profit mutual benefit councils work for the betterment of the HOA.
Anyone purchasing a real estate unit within the HOA is provided with a copy of CC&R. Upon purchase, the person automatically becomes a member of the HOA and has to pay a fee called “HOA Fees” for maintenance of common areas.
You can contact us for legal consultation before buying a property in HOA.
Common Types of HOA Disputes We Resolve
In your years of providing legal help, we have seen the following common issues.
The HOAs Buyers Breach The Contract
Many people who buy HOA property do not fully understand the HOA laws and regulations. Once you have signed the terms and joined the HOA council, you must follow the rules and regulations.
HOA contracts can ask you to pay dues and fees for community property and follow the council laws. The contract contains the consequences if you fail to abide by the terms. In typical cases, HOA can force you to pay a fine, place a lien against your mortgage and even foreclose on your home.
We recommend consulting with a legal professional before signing any HOA contract.
The HOA Breach The Contract
Sometimes the association can fail to fulfill its responsibilities or breach the contract. In such situations, homeowners have the right to take legal action against the association.
The HOA contract often includes that the council will be responsible for maintaining the HOA community places like pools, community halls, and others. Failure to maintain can lead the association to lawsuits. Or the organization can be under legal inquiry when they don’t pay required property taxes.
In some cases, the troublemakers can be a single board member of the association. The lawsuit is filed against the person.
Both parties should have lawyers who know how to work with HOAs laws and regulations like Lehr Law.
Have A HOA Issue? Contact Lehr Law, APC
HOA issues are ordinary-looking but can escalate into prolonged issues. People buying in the HOAs should carefully look into the contract and fully understand the responsibilities they have to bear. On the other hand, they should also know the association’s commitment.
If you are a homeowner or the HOA association looking to file a legal claim, you should reach out to Lehr Law. We have a strong and reliable track record of solving HOA-related disputes. You can call us at (858) 240-9993 or schedule a free consultation online.