Can you sue your HOA?

    0
    270

    Homeowners association has to be one of the most important things to consider. As per the laws, if the homeowners association (HOA) isn’t working as per the laws or not satisfying, you have the right to sue them legally. You need to be aware of CC&Rs “Covenants, Conditions and Restrictions”, while moving out to a condo or housing development. According to CC&Rs, you need to ensure that you can do or not in your residency. But if you do not follow the rules, you can eventually be sued by HOA or forced to move out of your condo.

    But, it is necessary to be aware and take steps against HOA. Like your HOA can sue you, you too have the right to sue your HOA. But there are certain conditions under which you may have the right to sue your HOA. Some of the most prominent ones include the following

    Harassment and discrimination

    The HOA has complete right to set up rules. But the housing development cannot set up rules that will eventually discriminate you. If the rules are protected against your race, marital status or any under such conditions, you have the right to sue your housing association. These rules aren’t allowed in housing discrimination laws. As a result, it is necessary that you take proper care of it.

    Remodeling disputes

    There are certain remodeling disputes which is why you should be careful with it. There are certain conditions under which your HOA would discriminate you to get remodeling around house. The CC&Rs will have no right to say anything on this. The HOA may prevent you from getting house remodeled. If that is the case, you may prefer suing your HOA.

    Contract violation

    The CC&Rs is like a contract that you and your HOA, both need to abide by. These rules are necessary to abide by. Therefore, it is necessary that you keep a check with the HOA rules. If the HOA all of a sudden decided to violate any rules, you will need to be careful. If they violate the contract, you may be able to sue them.

    Repair

    The HOA needs to ensure fast repairs. If you are paying dues on time, you will expect them to make fast repairs. However, if the HOA is slow in doing so, you will be able to file a lawsuit against them.

    As per the Liebman Legal civil litigation, you can eventually file a case against your HOA. Make sure to check if your complaints are legal or not.