While homeowners associations (HOA) may be a useful part of a community, many of these associations receive constant criticism because of the powers they exercise over property owners. To make matter worse, discrepancies between homeowners and HOA’s tend to get very emotional. Furthermore, collection agencies hired by homeowners’ associations can be abusive and stubborn. These traits all combine to create a scenario that lacks the level-headedness that makes American court systems so favorable to resolving disputes. Thus, understanding what to do if you are engaged in a homeowners association dispute is key to your success.
Why Legal Counsel is a Must for HOA Disputes
When a homeowner engages in a dispute with their HOA, the homeowner risks having a lien against their property. Additionally, the HOA could begin the foreclosure process once the lien begins. Most HOA put clauses in their contracts requiring disputes to be pushed through a form of alternate dispute resolution (ADR) such as arbitration or mediation. While ADR may be required, non-payment of dues might require legal action to prevent a foreclosure on the owner’s property.
Though simple disputes are best handled at meetings of an HOA board, the leverage the association can hold may make advisable agreements difficult to achieve. For this reason, many disputes involving homeowners and HOA’s should directly go to mediation. Initial dispute claims should begin in mediation as this form of ADR is non-binding. Competent counsel should handle more serious disputes. This could include Arbitration but since this form of ADR is legally enforceable, the only benefit is the cheaper fees for this process.
Antonoplos & Associates HOA Attorneys have experience in dealing with homeowners’ associations and all issues involving ADR, foreclosure, and the appropriate assessment of fines and penalties. As such, our attorneys can help you better understand what to do if you are engaged in a homeowners association dispute. We also deal with HOA liens foreclosure issues, clearing title, and redeeming property after the foreclosure. This area of the law is very complex. Thus, having legal counsel that has knowledge and experience is key to the success of your case.
Our Homeowners Association Disputes Services Include:
- Assessment disputes
- Interpretation of codes, covenants, and restrictions, by-laws, or rules and regulations.
- Lien avoidance/removal
- Lien foreclosures
- Redemptions
- Title issues
- Meditations/Arbitration’s
- Architectural review
- Common area issues
- Condominium issues
- Management, Meetings, and Elections
- Retaliatory Conduct
- Leasing your property
Contact Our DC Law Office for More Information
For more than 20 years, Antonoplos & Associates has practiced commercial real estate, residential real estate, and real estate disputes and litigation matters. We represent clients throughout DC, Maryland, and Virginia
For more information on what to do if you are engaged in a homeowners association dispute, contact us at 202-803-5676. You can also directly schedule a consultation with one of our skilled attorneys.