As a California homeowner, you may believe that you have the right to do what you want with your home and your property, but do you really? It can be frustrating when your homeowner's association will not approve a project, infringes upon your rights or prevents you from making decisions about your home. Disputes with your HOA are daunting, and some complex issues require the assistance of an experienced attorney.
How to know when the HOA oversteps its authority
No one buys a home in a community with an HOA with the intent to fight the rules and regulations already in place. However, there are times when disputes arise between well-meaning homeowners and the HOA because the language in the agreement is unclear or the HOA is overstepping its authoritative bounds. HOA disputes commonly involve the following:
- Paint colors
- Maintenance of sidewalks, community pools and playgrounds
- Yard maintenance
- Property boundaries
- Construction defects
- Fence lines
- Construction of a porch or home addition
- Addition of a pool
- Yard or home decorations
- Noise complaints
- Changes in by laws or regulations
- HOA fees
How can you know if the HOA is infringing upon your rights or if you missed something in your contract? These disputes can be confusing, and it can be difficult to discern and defend your rights. Fortunately, an HOA disputes attorney can help.
Seeking a positive, cost-effective outcome
When governing documents are vague or you and your HOA are unable to reach a satisfactory agreement, you need a legal ally to help you find a solution that is both sustainable and cost-effective. When you retain the services of an attorney in these types of matters, you will not have to face these complicated issues alone.
It can be difficult to know where to file a complaint, which authorities can help and how you can claim compensation for any financial losses you suffered. Depending on the nature of your dispute, it may be necessary to file your complaint against the HOA and its vendors with the following:
- City government
- County government
- State agencies
- Federal agencies
- Better Business Bureau
- Other trade associations
You have rights as a homeowner, and you may find it necessary to take legal action in order to protect those rights and reach your objectives. If you are involved in a complex dispute with the HOA, you would be wise to secure the help needed to resolve this issue quickly and effectively.