How to Fight Your HOA and Win

As a homeowner, you are an HOA member and have a right to discuss HOA policies.

Homeowners' associations, or HOAs, are organizations that develop and enforce rules about what happens in certain communities. These organizations have a great deal of power over those in the community. For instance, they can charge fines for violations of the community regulations or make decisions about how community members must make their homes appear aesthetically. When a homeowner doesn't agree with his HOA, he can fight back. This requires the homeowner to get educated about regulations pertaining to the issue, present evidence to the HOA and, if necessary, seek legal assistance.

Things You'll Need

• HOA guideline handbook

Instructions

1. Pay any fines the HOA has assessed. If you don't pay, the HOA may keep charging you fees that can quickly add up.

2. Reread your HOA policies handbook. Look for ambiguous language or a complete omission of regulations related to the issues you're facing.

3. Call or write to your local county court clerk or police department to find out what local, state or federal laws may apply to your situation. Visit the website for your state as an additional source of information, or contact an attorney who can advise you and find precedents from other cases.

4. Circulate a petition to other homeowners that asks for a change in HOA policies.

5. Write to your HOA board and request a formal hearing regarding your problem. Cite the reasons why you believe a hearing is necessary, using the information you've gained from your research and handbook review. State that, as a homeowner, you have a right to bring issues in front of the board and inform other homeowners of problems.

6. Attend your hearing and present the data you've gathered. Give board members copies of your petition that proves other homeowners agree with your position.

7. Hire a mediator to work out a compromise between you and the HOA. Alternately, hire an attorney and sue the HOA.

Tips & Warnings

• You are entitled to due process if your HOA has issues with you. If the HOA doesn't notify you of issues as outlined in the guidelines, you can argue that the citation should be thrown out.

• Document all correspondence you have with the HOA carefully. Get everything in writing if you can.

• Don't wait to address the HOA. In the event you need to take the HOA to court, you must be sure that you are well within the statute of limitations for your state. Responding promptly also keeps facts fresh in everyone's minds.

References

• LawInfo: How To Fight a Citation from your Homeowners Association
• Cyber Citizens for Justice; The Runaway Power of Homeowner's Associations; Debora Vrana; July 2006