HOA Archives - Real Estate News and Commentary

If you’re buying a new home or a resale within a planned development (or already own is such a community), it’s very likely there is a home owners association, also known as HOA. The HOA has rules and covenants to live by, so to speak. So, you’re not only living with your community, but living with your HOA as well.

Living with your HOA — Home buying process

Most residents and owners living under the umbrella of their HOA are interested staying within the lines of the rules and covenants. However, it’s difficult sometimes to be aware of all the rules as they sometimes change. Getting an infraction notice isn’t the end of the world, as it’s just the HOA’s way of reminding you of the rules. Most infractions are resolved without a fuss.

It’s not unreasonable for you to want to live quietly in your own home. Nonetheless, when you move into a community that has a HOA, you agreed to be living with your HOA rules and covenants.

There may be occasions where the home owner feels that the HOA’s notice is a nuisance. Sometimes home owners feel the HOA is unfair, they may feel singled out, and their voice is unheard. It’s not uncommon that a home owner may feel as if the HOA is engaging in selective rule enforcement. You may not agree with the HOA action or decisions, however seeking a resolution is mutually desirable.

Responsible community management is not a one-sided affair. It’s also the responsibility of the home owner to maintain the rules and covenants. However, when there is a dispute, what can you do? Fortunately in my area, there are neutral resources to assist in mediating disputes between community management companies, boards of directors and home owners.

The Montgomery County Commission on Common Ownership Communities (housed within the Montgomery County Office of Consumer Protection) was established in 1991 and is committed to providing owners, tenants, residents, boards of directors, and community management companies with information, assistance, and impartial dispute resolution programs. Statewide, the Consumer Protection Division of the Maryland Attorney General can receive complaints under the Maryland Condominium Act, as well as the Maryland Homeowners Association Act for resolution.

By Dan Krell
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Disclaimer. This article is not intended to provide nor should it be relied upon for legal and financial advice. Readers should not rely solely on the information contained herein, as it does not purport to be comprehensive or render specific advice. Readers should consult with an attorney regarding local real estate laws and customs as they vary by state and jurisdiction. Using this article without permission is a violation of copyright laws.

by Dan Krell © 2008
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If you live in a common ownership community (such as homeowners association, condo association, or cooperative) you may have experienced a confrontation with your community management company or board of directors. Disputes between home owners and their association boards and/or community management companies often arise out of miscommunication, poor communication, and sometimes sheer pride. Unfortunately, disputes can get out of hand when the parties are committed in being “correct” rather than being committed to resolution.

Many times, home owners are confronted by their community’s management company and/or board members because of violations of the community’s Covenants, Conditions, and Restrictions convents and regulations (also known as governing documents). The community is usually within their right as long as the compliance “requests” are communicated within the legal and governing documents guidelines. Usually compliance with the governing documents is not an issue as most residents act in accordance within their community guidelines. However, other home owners attempt to fight their communities through escalation, which usually ends up in court. If the association acts within its governing documents as well as legal guidelines, the court will usually rule in favor of the association.

Sometimes, frivolous laws suits are filed by disgruntled home owners, whom have personal disagreements and disputes with their board members or the community management company. The courts typically do not look kindly on frivolous law suits and will usually award the common ownership community with remuneration of their attorney’s fees.

However, what happens if your common ownership community does not act within the law and/or the governing documents? There is no shortage of stories of abuse and corruption within community management companies and community directors. According to the American Homeowners Resource Center (AHRC.com) and the Maryland Homeowners Association (Marylandhomeownersassociation.org), community home owners have legal rights that should not be violated. The Maryland Homeowners Association cites the Code of Maryland as the source for local home owner rights. The ongoing potential for abuse and corruption within common ownership communities was underscored when the State legislature created the Task Force on Common Ownership Communities in 2005 to look into the problem. The Task Force’s recommendations (published in 2006) include dispute resolution models that were modeled after the Montgomery County Commission on Common Ownership Communities.

The Montgomery County Commission on Common Ownership Communities (housed within the Montgomery County Office of Consumer Protection) was established in 1991 and is committed to providing owners, tenants, residents, boards of directors, and community management companies with information, assistance, and impartial dispute resolution programs. The CCOC provides these services to the public with integrity, transparency, and a commitment to the highest ethical standards.

An additional resource for home owners is the Maryland’s Attorney General’s office of Consumer Protection. The OAG has been authorized to enforce the Maryland Condominium Act, and as of 2007 the office is authorized to enforce the Maryland Homeowners Association Act (as a result of the Task Force on Common Ownership Communities).

Responsible community management is not a one sided affair, nor should it be evaded. Unfortunately, everyone will not agree all the time and disputes will arise. Fortunately, neutral resources exist to help community management companies, boards of directors and home owners work out a resolution before things get out of hand.

Originally published at https://dankrell.com/blog/2008/07/16/is-your-hoa-out-of-control-association-disputes-can-be-resolved/

Tag: HOA

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