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Should a homeowner’s association escalate a dispute to litigation?

| Aug 24, 2020 | Business Contracts

When it comes to homeowner’s associations (HOAs) and their restrictive rules and covenants, few topics can spark arguments faster. Proponents love the uniformity of their communities and the fact that their property values are less likely to decrease due to neighbors’ negligence. Others view their homes as their castles and chafe against being told what color they can paint their mailbox or if they can fly a flag.

Those with decidedly quirky personalities and those who are determined to be the master of their own domains would do well to steer clear of buying properties that are under the care and control of a HOA. But some situations can develop where people who usually have no problem with abiding by the HOA rules run afoul of one of the covenants or regulations.

Is litigation worth it?

There is no right or wrong answer to that, as these matters are typically situation dependent. HOA boards often rule on matters based strictly on compliance and noncompliance. However, many homeowners will not walk away without a fight. Whether launching an offense or defense, that battle should be worth the time, effort and resources.

HOA boards often wonder whether they are in the right to take the drastic step of legal action against an errant homeowner. The best bet when a conflict arises is to seek an opinion from an unbiased attorney. That peels away layers of bitterness and offers a fresh legal perspective on the dispute. If an attorney advises that the fight is winnable, decisions to litigate are on more solid ground.