The ABCs of Avoiding a Custody Battle

Taking Legal Action Against The HOA

by Barry Webb

Did you intentionally purchase a home in a neighborhood that has a Homeowners Association (HOA)? Have you been paying high HOA fees although it seems as though none of the rules are being enforced in the neighborhood? If you were denied after requesting that your fees are reimbursed due to the HOA breaking the agreement that requires residents to follow specific rules, hiring attorney might be needed. The HOA agreement that was signed when your house was purchased is a legally binding contract that gives you rights in the court of law. In this article, you will learn how an homeowners association attorney can help you get through such a stressful situation.

Review the HOA Agreement

The HOA agreement that was signed when you first purchased the house will play a role in your ability to be compensated. An attorney will need you to give him or her a copy of the entire agreement, such as if there are numerous pages in it. He or she will listen to your complaints, and then the agreement will be thoroughly reviewed. If the attorney feels as though the HOA isn't doing their job, he or she will accept the case and start working to get you compensated.

Determine What Should Be Paid

Do you have evidence of all of the HOA fees that you have paid since moving into the house? If so, you will need to give the receipts to the attorney to be used as evidence. He or she will determine if you deserve to get compensated for all of the fees that were paid, or only a portion of them. You might also be entitled to other types of compensation in the dispute as well.

Meet with the HOA to Discuss Problems

A meeting will be scheduled with the HOA staff so the attorney can discuss your complaint. He or she will provide them with details in regards to why you deserve to be compensated for the fees you have paid. The attorney can also explain that if changes are not made that you can no longer take part in the agreement, which means you won't be obligated to pay HOA fees anymore. The steps taken after attending the meeting will depend on how the HOA is willing to cooperate.

Prepare for a Possible Court Trial

If the HOA is unwilling to cooperate in the dispute, a court trial will likely be necessary. An attorney will gather all of the evidence that is needed to prove to a judge that you deserve to be compensated. He or she might also run an investigation to find out if there are any other residents of the neighborhood with complaints. Some of the residents might be asked to speak in court.

Contact a law firm, like Sauro & Bergstrom, PLLC, for more help.

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