Ask Terry Questions HOAs incompetence

HOAs incompetence

By Terry Savage on November 21, 2023 | Housing / Real Estate

Why do HOAs have so much power? My HOA has failed to fix a roof leak for 2 years. In any other contract, the failure to uphold their end would mean the contract is void and I no longer have to uphold mine. Why should I still have to pay dues or risk lines or foreclosure?

Terry Says

For some reason I’ve been getting a lot of questions about HOA rights! Actually, homeowners DO have some strong legal protections against association boards’ dereliction of duty.
Read this article, for example, and you can Google more.

But instead of complaining and writing letters, you’ll need an attorney to sue the board. Hope they have good insurance as a board, and as individuals! But the costs will annoy other homeowners, so if a group of you has the same issues, you could file a class action on behalf of all the homeowners. Still, you’ll have to pay attorney’s fees up front.

Let that be a warning to those buying into developments that have an HOA. Once the developer moves on, the community board may not have the intelligence, integrity or resources to do the right thing.



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