It’s essential for both homeowners and board members to know their legal rights and responsibilities as members of an HOA. Awareness of these bylaws and governing documents helps provide solid references when dealing with potential legal issues. Today, we’re reviewing some common HOA legal violations and what to do if your rights are violated. To learn more about how to protect yourself and your HOA community, just keep reading.
Contents of This Article:
- What Are Some Common HOA Legal Violations?
- How to Handle HOA Legal Violations
- Avoid HOA Legal Violations With Professional Management
What Are Some Common HOA Legal Violations?
Property managers in Philadelphia know how important it is to live in a community where you feel safe, secure, and comfortable in your home. However, many homeowners are unaware of the potential legal issues an HOA can face. That said, as a homeowner, there will likely be a time when you need to work with your HOA board or another member to resolve an issue. Here is a list of HOA violations to look out for.
- Failing to Adhere to Governing Documents
- Violating Federal or State Laws
- Unfair Conduct by Board Members
- Failing to Enforce Rules Consistently
- Failing to Provide the Right Documentation
- Not Providing Access to Records
Failing to Adhere to Governing Documents
Every HOA has governing documents, known as bylaws and the CC&Rs, which stand for covenants, conditions, and restrictions. These rules outline the policies and processes the HOA must follow. That said, when board members fail to adhere to these documents, it can lead to legal disputes. For instance, if the bylaws state that board members must hold monthly meetings, skipping or rescheduling these meetings without going through the proper process may lead to misconduct claims.
Violating Federal or State Laws
HOAs must follow federal, state, and local laws, including the Fair Housing Act, which prohibits discrimination, and state laws specific to HOAs. That said, discriminatory rules, like banning families with children from certain amenities, can violate these laws and lead to major lawsuits or fines against the HOA.
Unfair Conduct by Board Members
Board members should act in the best interest of the community. So, if they engage in unfair conduct, pick favorites, or cause conflicts of interest, they can face legal action and likely ruin the trust they have with homeowners. For example, if a board member uses HOA funds for personal expenses or chooses favorites to ignore community rules, they should face legal consequences.
Failing to Enforce Rules Consistently
Enforcing HOA rules fairly and consistently is crucial. After all, only enforcing specific rules or letting things slide with only some residents can lead to discrimination claims. For instance, if the HOA fines only some residents for violating parking rules but ignores the same violations for others, this could be considered favoritism and lead to legal claims of unfair treatment.
Failing to Provide the Right Documentation
There are several crucial documents that HOAs must have. After all, documentation provides proof of the HOA’s actions and decisions, which ensures transparency and compliance with applicable laws. Not having the right documentation can make defending against claims or disputes harder. For example, if the HOA board chooses not to document its decision to add a new rule, residents could challenge this, especially if it doesn’t follow the established governing documents.
Not Providing Access to Records
Homeowners in an HOA have a legal right to access certain records, like financial statements or meeting notes. If an HOA denies access to these records, it’s a major violation. If a resident wants to see the HOA’s financial records and the board denies their request, they can pursue legal action and ultimately gain access that way.
How to Handle HOA Legal Violations
If you’re a member of an HOA and you’re experiencing one of the above legal issues, it’s crucial to know how to handle them. Here are a few of the steps you’ll want to take.
- Know Your HOA’s Governing Documents– If you’re not well-versed in your HOA’s governing documents, now’s the time to do your research. So, if you suspect something fishy is going on, look through the CC&Rs and bylaws to determine whether or not they’re following the rules.
- Understand Your Legal Rights- Knowing your legal rights as an HOA member is key. Read up on Fair Housing Laws, state HOA laws, and local ordinances, as they help protect community members against discrimination and ensure fairness.
- Communicate With the HOA- If you feel as though your rights as an HOA member were violated, file a complaint in writing with your HOA. Include as many details as possible, and, if necessary, request a meeting with the board to discuss any concerns.
- Follow the Right Process- Most HOAs have established processes for handling disputes, typically a formal hearing. Whatever your HOA’s process is, you’ll want to follow it to avoid making the situation worse for yourself.
- Consult an Attorney– If your HOA violates the governing documents, contact an attorney specializing in HOA disputes. They can help you through the proper process and help represent your side of the violation.
Avoid HOA Legal Violations With Professional Management
If you live in an HOA and you feel as though your rights are being violated, it’s important to take the proper steps to resolve the issue. HOA legal violations are not something to be taken lightly, so if you notice something off, make sure to address it promptly.
Do you need help keeping your HOA in order? Bay Property Management Group is a full-service HOA management company servicing communities throughout Philadelphia. So, if you need help with tasks like budgeting, coordinating meetings, scheduling maintenance, or performing inspections, we’ve got it covered. Contact BMG today to learn how we can help your HOA community succeed.
