Owners’ associations (HOAs) ensure that neighborhoods stay uniform, tidy, and well-maintained. Unfortunately, homeowner concerns, complaints, and unregulated bureaucracy can bog down the HOA management process. When homeowners elect to fight their HOA board, they may do so collectively or singly. When this happens, the HOA or the board members may suffer severe financial hardship. Some lawsuits may lead to the HOA’s dissolution. Consulting phoenix hoa management companies is advisable.
Fortunately, there are several actions HOA board members can take to lessen the possibility of their board being sued. You can avoid the negative impacts of a lawsuit by consulting with an Arizona HOA lawyer to make sure your neighborhood HOA board complies with all the laws and guidelines. Here are a few actions you should learn to avoid that frequently end in lawsuits:
- Failure to adequately maintain a property or asset:
One of the main reasons HOAs are sued is because they have not done so, particularly after a natural disaster. HOAs must use their regulations to distinctly outline maintenance and repair schedules and adhere to them as rigorously as they can in order to avoid this kind of lawsuit. Because all tenants share a single structure, condo associations are especially susceptible to litigation brought about by maintenance issues.
- Plan denials:
When an HOA rejects a homeowner’s filed plans for remodeling, expanding, or modifying their property, it is a significant cause of lawsuits against HOAs. Similar to maintenance failures, explicitly defining uniform criteria in bylaws can assist HOAs in preventing lawsuits brought on by proposal denials. Your HOA can lessen the chance of being sued by laying out design criteria, landscaping restrictions, and more in plain, understandable language.
- Discrimination:
Regrettably, many HOAs are unaware of the full legal ramifications of the Americans with Disabilities Act and other comparable laws. Some HOAs could deny permission to residents who want to build mobility ramps for their homes or park customized vans near their residences. HOAs can prevent these types of lawsuits by becoming knowledgeable about the most recent legal standards.
- Election controversies:
HOAs are ultimately the lowest tier of local government. Election campaigns can get hot because many believe that HOAs are the kind of governance they can most directly affect. Recounts and recalls are also all too common because of this. By speaking with an HOA lawyer in Arizona before holding an election, HOAs can help prevent lawsuits brought on by election-related conflicts.