Common reasons why residents sue their HOAs

| May 11, 2021 | Property Law

Many individuals who reside here in the Dallas Metroplex live in neighborhoods with homeowner associations (HOAs) in place. Communities like these generally have a board comprised of neighborhood residents that establish and enforce covenants. These bylaws aim, in part, to preserve the property values in the neighborhood. 

Unfortunately, conflicts with HOAs can easily lead to legal conflicts. Here are some of the main problems that lead to trouble:

A lack of oversight

HOA board members are supposed to be elected by neighborhood residents. There are instances in which they might not widely publicize elections to ensure low attendance so that certain residents don’t receive consideration for a seat on the board. 

Cronyism

A situation may arise in which the board becomes stacked full of residents who tend to band together and make decisions in their best interests instead of doing what’s best for everyone. 

Indiscriminate fines

An additional problem that residents of HOA communities often have to deal with is a lack of uniformity in assessing fines. Board members may turn a blind eye to one resident’s violation of the community bylaws, but they may be quick to punish someone else. Boards also often make the mistake of assuming that residents know each bylaw and rushing to penalize them for violations when they should maybe warn them instead. 

Addressing HOA disputes

Some infractions are minor mistakes that you may be okay paying for; others may come off as biased or frivolous. You owe to yourself and other residents to hold your HOA’s board accountable if you feel like their treatment of residents is inequitable or otherwise unfair. An attorney can help you do just that.