If you are unhappy with your homeowners’ association (HOA), you may wonder if you can take legal action against them. The answer is yes, you can sue your HOA under certain circumstances. In this blog, we explore common reasons for suing an HOA and what you need to know before taking this step.
Understanding HOA rules
When you moved into your community, you signed a document called “Covenants, Conditions, and Restrictions” (CC&Rs). This document outlines what you can and cannot do in your home and its surroundings.
If you violate these rules, your HOA could impose penalties on you or even sue you. However, this relationship is not one-sided. Just as they can sue you, you can also sue them under certain conditions.
Common reasons to sue your HOA
There are several common reasons why homeowners might consider taking legal action against their HOA:
- Harassment or discrimination: your HOA cannot create rules based on protected characteristics like race, marital status, or the number of children you have. If they do, you may have grounds for a lawsuit under housing discrimination laws.
- Contract violations: the CC&Rs act as a contract between you and the HOA. Both parties must follow these rules. If your HOA installs an expensive pool or adds a noisy business as a tenant without your consent, you can sue them for violating this contract.
- Misappropriation of funds: you pay HOA dues every month, but do you know where that money goes? If you notice that the board members are misusing funds for lunches or excessive attorney fees, you can take legal action to stop this.
- Selective enforcement: selective enforcement occurs when the HOA only enforces certain rules against specific homeowners. This is illegal. If you experience selective enforcement, you can sue your HOA.
If you are considering legal action against your HOA, consulting an attorney might be a helpful first step. An experienced professional can provide you with valuable insights and help you determine if you have a compelling case.
Your HOA has a duty to act in the best interests of all residents. If you believe your HOA has violated its obligations or acted unlawfully, taking legal action may be a viable option to protect your rights and interests.
