Your Rights as a Homeowner Against Your HOA

Many areas of the country have something called a Homeowner Association (HOA). A Homeowner Association is designed to ensure the quality of a community is maintained. For example, if a homeowner does not shovel their snow if their grass is not cut, the Homeowner Association can give the issue a citation. What many people do not fully understand is that they have rights against the Home Owners Association.

There are usually frequent disputes that arise between the homeowner and the HOA. Homeowners often feel that the HOA abuses their power and issues citations for unfair reasons.  Neighbors often report other neighbors to the HOA because they do not like each other.  The HOA was created to maintain the community, not to deal with domestic disputes.

If you are currently frustrated with your HOA, there are rights you need to be made aware of.


HOA Board Members Can Be Removed

If you are frustrated with a particular member of the HOA Board, there are steps you can take to get this person removed.  A petition must be started and signed by a certain percentage of the community before the removal process can begin.  If you live in a community with fewer than 1,000 units, you will have to get at least 25% of the community to sign the petition.  However, if you live in a community with more than 1,000 people, you will only need to get 10% or 1,000 members, whichever is less.  After receiving enough signatures and the petition is submitted, the Board of Directions will hold a meeting within 30 days.  All of the homeowners will be informed.  At this meeting, at 20% of the homeowners must be present either in person or by absentee ballot to vote.   The decision to remove the board member in question will be determined by majority vote.  However, the HOA can content the vote if they choose to.


HOA Community Rules Can Be Amended

Take a look at the declaration that was created when your HOA was founded.  Almost every declaration states that certain HOA powers may be amended.  The community usually does have the power to amend the HOA powers.  The trouble with attempting to amend a HOA Declaration is getting the immense community support.  If the HOA decides to fight your recommended amendment, you will probably have to meet with an experienced attorney if you want a shot at getting anything changed.

HOAs Have Power Limitations

Understand that HOAs only have so much power.  If you think they are abusing it, you may be able to make a case!


If you feel that you are a victim of a wrongful foreclosure due to your HOA, give us a call today: 817-310-0136

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