Can You Sue a Homeowners Association (HOA)?

December 28th, 2018 | Posted in Uncategorized

Ideally, you will never have a conflict with your Homeowners Association, but as thousands of
homeowners have found, that dream is simply not realistic. When you moved into your home,
you probably received a document with a list of rules and regulations. As a member of the HOA,
you must abide by these rules and regulations, and any violation could land you in hot water.
But HOAs are not immune from lawsuits, either. In some situations, you can resolve a dispute
amicably without involving a lawyer. In other cases, however, you need to file paperwork in
court.

Your HOA is Discriminating Against You
One common complaint is that the HOA is selective in how it enforces its regulations. For
example, your HOA might tell you that you can’t add new siding to your home when they let
your neighbor get away with precisely that six months ago. There is no reason to treat one
homeowner more favorably than another.
Sometimes, however, the disparate treatment has a simple explanation: The HOA board is
discriminating against you. If the board discriminates or harasses you on the basis of a protected
characteristic, such as race, religion, or sex, then you can sue. This type of discrimination is
flatly illegal.

Your HOA is Not Fulfilling its Obligations
You pay homeowners association fees for a reason—usually for the upkeep of the community. If
you notice that the HOA has let things slide, then you should consider filing a complaint with
them. A lawsuit should be your last option, but it might be a necessary step if you can not bring
the HOA into compliance through the normal complaints process.

Your HOA Board Misappropriates Funds
North Carolina law gives homeowners a right to inspect the books, and your HOA must make
them available in a reasonable manner. Take advantage of your rights. When a board
misappropriates funds, it often tries to hide that fact by hiding the books.
Be on the lookout for the HOA board not fulfilling its duties. A cash crunch brought about by
embezzlement might be the reason. An HOA that can not get the common areas repaired might
be in that problem because the board is spending money on lavish getaways. Inspect the books
and take detailed notes of where you think money is missing. If necessary, you can sue to stop
the theft.

You Have a Remodeling Dispute

You might want to add a swimming pool or a new story to your home, but your HOA is denying
you. Admittedly, if the regulations speak on the issue, you might be out of luck. But sometimes
the documents are silent, in which case you can bring a lawsuit to decide who is right.

Speak with an Experienced Homeowners Association Attorney
At Hodges Coxe Potter & Philips, we understand how frustrating it is to deal with HOAs. Often,
our clients simply want to live in peace, only to be denied that right by a harassing or capricious
association board.

Fight back today. We offer a free consultation, during which you can describe your dispute to
one of our attorneys. Call 910-772-1678 or send an online message.