Most people are aware of typical neighbor disputes that occur from time to time over such things as boundary confusion, damage caused by trees, noise and other intrusions. However, less well known are homeowner association (HOA) disputes that can be far more troublesome and often involve legal assistance from a real estate or HOA attorney to help resolve.
This article explores what HOA disputes commonly involve, how they can be addressed and the sorts of remedies and rights that homeowners should be aware of in the event that they are involved in a HOA dispute.
What do HOAs do in Massachusetts?
When homes share common areas with other homes, such as might typically be found in a condominium, planned development or suburban community, a homeowners association (HOA) is usually in existence to establish rules and manage the shared living space.
HOAs are legal entities that are subject to state and association rules. These are primarily:
- The HOA’s Declaration of Trust, Bylaws, and Rules & Regulations;
- General Laws Ch. 183A (the Condominium Act).
These rules provide the means by which homeowners and the HOA maintain duties, rights and powers of enforcement when a rule has been breached.
Examples of typical Massachusetts HOA disputes
Some of the most common HOA disputes experienced in Massachusetts are explored below.
Fee disputes
While HOAs typically in Massachusetts maintain the authority to regulate fees that homeowners must pay, assessments may be questioned. Common reasons for challenging assessments include:
- assessments for new capital projects or maintenance and repairs to existing structures;
- financial records that may not be completely transparent;
- sudden increases in fees.
Inconsistent rules
Disputes often result from a perception that HOAs are applying their rules inconsistently, perhaps favoring some residents over others, for example:
- apparently penalizing some residents unfairly;
- permitting violations of parking or landscaping regulations by some, but not all homeowners.
If there is evidence of discrimination by an HOA, this could be a breach of state and/or federal anti-discrimination laws and this may lead to a lawsuit against the HOA.
Unreasonable restrictions
HOAs are responsible for regulating much of the way homeowners can change or modify their homes, but their restrictions may be perceived as unreasonable. Common modifications that may not be permitted, yet may be disputed by homeowners include such things as:
- fencing;
- solar panel installation;
- changes to the external appearance of the home;
- erection of sheds or garages;
- renting out homes on a short term basis.
Confusion over who is responsible for maintenance and repairs
HOA disputes may arise when the HOA’s governing documents do not explicitly outline who is responsible for maintenance and repair of infrastructure, such as plumbing systems, roofs and other structural infrastructure.
How Massachusetts law affects the rights of homeowners in a HOA dispute
Massachusetts laws give homeowners certain clear rights if a dispute arises with an HOA. These include the following.
Correct process must be followed before imposing penalties
HOAs cannot just impose fines or other penalties without following due process beforehand, including:
- issuing a written notice of a reason for the penalty, e.g. a breach of HOA rules;
- allowing the homeowner time to respond to the notice or request a hearing.
HOA records can be inspected
State law permits homeowners to inspect the following:
- HOA financial statements, including budgets;
- Governing documents;
- Minutes taken at HOA meetings.
Homeowners have the right to take part in governing of the HOA
All homeowners have the right to take part in HOA governance, such as:
- the ability to vote in HOA elections;
- to be able to be nominated for positions on the HOA board;
- to be able to take part in HOA meetings.
Options for homeowners in the event of a conflict with an HOA
Many conflicts can be settled by communicating the issue with the HOA as early as possible, with evidence that supports the complaint. When such informal communication fails to resolve the complaint, then more formal legal avenues should be followed. These are indicated below.
Following a formal dispute resolution procedure
Lawsuits can often be avoided by:
- the initial submission of a written complaint;
- submitting a request for a formal hearing;
- attending a mediation session.
Mediation and arbitration compared
Mediation is the more informal process in which the mediator is present with both the homeowner and representative from the HOA to listen to both sides of the dispute. The mediator does not have the power to make a decision about the conflict. Arbitration is the more formal process in which the arbitrator makes a decision on behalf of both parties which must then be adhered to.
Some HOAs insist that a conflict which cannot easily be resolved must go to arbitration before a lawsuit can be filed.
Further legal action
Legal action in the form of a lawsuit may be the only option if all other attempts at achieving a resolution fail. The lawsuit would be filed in the civil court and preferably this should be done only following the advice of an attorney.
If there is evidence of a breach of the HOA’s duty, or otjher violation of Massachusetts law, the court may award damages, including attorney’s and court fees as well as the power tos top the HOA from proceeding with the action that led to the complaint.
When a real estate attorney can help with legal issues
A qualified real estate attorney can help homeowners involved in a HOA dispute with the following:
- assess whether the HOA has been following correct procedures;
- review the HOA’s governing documents;
- deal with the HOA’s board or its management team directly;
- negotiate a settlement of the dispute;
- file a lawsuit if mediation or negotiations have failed.
Rather than trying to pursue a settlement of a dispute by yourself, it can be faster and more successful hiring an attorney early on in the process.
Conclusion
Although HOAs have an important role to play in suburban Massachusetts, when conflicts with homeowners arise this can become emotionally frustrating and the legal implications and pathways may be complex. A Boston based real estate attorney with knowledge of the legal rights that homeowners have in a HOA dispute is often the best way to achieve a resolution of the dispute.
For more information, visit our website or contact us for a free initial legal consultation today.