From disagreements about maintenance of common areas to conflicts over assessments, fees and fines, Burnette Shutt & McDaniel can assist with a range of homeowner association disputes.
Homeowners associations once existed entirely within the realm of gated communities or condominiums. These days, HOAs cover a range of subdivisions and developments. It’s a great idea – set community standards for maintenance, upkeep and behavior so that property values hold. The problem often comes in the execution.
Documents governing homeowners associations can be almost as complicated as state or federal law. The complex mazes of rules cover far more than agreements to mow community parks or provide street lights. HOA governing documents can include regulations on paint color, clothes lines, parking, fences, pets and solar panels
Additionally, associations have certain financial responsibilities to their members and should have enough money reserved to meet them. Sadly, that’s not always the case. To compound the problem, homeowners often find it difficult to get financial reports from their HOAs. Sometimes they’re charged exorbitant fees for the documents. At times, Realtors have problems getting copies of governing documents so potential buyers can review them.
For the homeowners associations, disputes can arise concerning care of pools, tennis courts and other amenities. HOAs also enforce community standards on property upkeep, appearance and decoration, an area rife with potential for disagreement.
Disputes can get costly for both the homeowner and the HOA, particularly if the case winds up in court. That’s why turning to an experienced attorney from the start can help save money and time.
At Burnette Shutt & McDaniel, we are willing and able to litigate an HOA dispute if necessary. We also can use our legal knowledge and experience to help resolve HOA disputes short of costly legal battles. Our partners include an experience mediator and certified arbitrator who can help guide both sides toward a faster, less expensive solution.