HOA Attorney Houston
Homeowners associations work to ensure that home owners in a community of homes such as townhomes, condominiums, subdivisions, or planned communities, stick to HOA standards. They have the authority to enforce regulations and collect assessments from homeowners. The HOA also takes care of the maintenance repairs of areas shared by community members. Home owners sometimes violate a rule or regulation intentionally or unintentionally which can get them in trouble with the HOA.
HOA Rule Violations
Most violations by homeowners involve decoration or remodeling, lawn signs, and payment of fees. The HOA in your community has a list of what is acceptable in terms of decorations or remodeling and they charge certain fees to help in maintaining community spaces. To avoid violating HOA rules familiarize yourself with the Covenants, Declarations and Restrictions of the HOA Permit or you can utilize a HOA attorney to guide you when you enter a new community. Your HOA attorney can represent you vigorously in both out-of-court negotiations and also at trial.
Covenants Conditions And Restrictions (CC&Rs)
The legal document that contains the guidelines for the planned community is called the Declaration of CC&Rs. These guidelines are legally binding which simply means that you may face penalties if you break the rules. These guidelines regulate things like:
- Garbage cans
- TV antennas and satellite dishes
- Basketball hoops
- Yard care
- Artificial turf and lawns
- Parking and more
When The HOA Does Not Adhere To Its Own Rules
Sometimes it is the HOA that is flouting rules instead of the members of the community of homes. They may violate the rules by failing to maintain, repair or replace common areas as required. If your HOA is failing in its responsibilities, you as a homeowner can take legal action. Common claims against HOAs include:
- Breach of fiduciary duty: All HOA board members are fiduciaries of unit owners and for that reason can be sued for violations such as making irresponsible decisions, conflict of interest, and failing to act within the scope of the fiduciary relationship.
- Failure to enforce covenant: When the HOA fails to enforce HOA rules involving use, appearance, and maintenance of the individual units
- Negligence: You need to prove that the HOA has a legal duty and that the association breached that duty. To get compensated you must also prove that that breach led to you suffering damages.
There are number of complex procedures involved in suing your HOA which means going it alone with a attorney can be expensive. You can lower costs by finding a number of homeowners who are willing to share the expense and join you in challenging the HOA.
Finding An Experienced HOA Attorney
You need to speak to an HOA attorney in person to determine whether you can trust the attorney to handle your case. Find an attorney that has experience handling HOA related cases. Remember that you don’t have to hire the first attorney you consult.