Can an Attorney Help Me Fight My Texas HOA?
A homeowners association (HOA) can be a great part of many neighborhoods. There are times that the sense of community and regulations created by an HOA board lead many homeowners to value the organizations. In fact, many people seek out homes to purchase only in neighborhoods with HOAs. However, HOAs also can create very hostile environments and legal troubles for their residents. In these situations, the homeowners need an attorney to fight HOA behaviors.
Every day, compliant homeowners seek information on how to fight their HOA. They want to protect their rights and resolve legal conflicts. If you have a dispute with your HOA, seek legal representation. Please do not ignore your HOA board or deal with it without an attorney when a disagreement is at hand.
The Power of the HOA
An HOA is a community board that makes rules and regulations and provides the upkeep of the shared areas in a specific neighborhood. Homeowners in these neighborhoods must pay HOA dues and follow particular regulations regarding the community and their personal property.
HOAs are powerful entities. When a homeowner has a dispute with the HOA, the HOA may quickly and forcefully take action against the homeowner. A homeowner without an attorney may find themselves paying massive fines or even losing their home.
Frequent Causes of HOA Disputes
Various situations can bring about discord with HOAs. Here are some of the most common conflicts homeowners have with HOAs.
The picture of a supporting organization always there to protect its residents is not always an accurate representation of HOAs. These organizations are quick to make demands and even threats against homeowners when money is at play. Some disputes involve:
- Past due HOA fees;
- A homeowner’s refusal to pay an HOA when the HOA is not doing its job;
- An HOA’s failure to return an overage a homeowner is owed; and
- An unfair charge by an HOA.
Veteran attorneys who have dealt with HOAs for decades know the drill. When HOAs want money they believe they are due, fairly or unfairly, they are relentless.
Community Rules Issues
Neighborhood pools, basketball courts, walking trails, and even boat docks are great. HOAs often oversee them. Then, they can go from being wonderful amenities to restrictive areas that you can enjoy only on their terms. If your HOA is harassing you regarding your use of these areas and threatening your access, seek a lawyer. You are dealing with your home and neighborhood. Let the lawyers review whether the HOA is overstepping its authority.
Private Property Quarrels
The uniformity and cleanliness of the HOA neighborhood also is an appealing aspect of HOA rules. However, some individuals find that the HOA unfairly makes demands that are not part of the HOA rules. These may relate to:
- Lawn care,
- House color,
- Cars/parking, and
- Yard fencing.
There are even disputes regarding seasonal decorations.
We all know people who make it their business to get into everyone else’s business. The worst case of this is often when an HOA board member targets a specific homeowner. When this happens, the best thing to do is turn to a lawyer who specializes in fighting HOA abuse.
Legal Issues at Hand
HOAs and residents have contracts. Contracts are binding agreements. Both parties have expectations, duties, and rights. Abuse, harassment, intimidation, and threats also can be legal issues. If your dispute is about your HOA contract or the HOA’s conduct, get an attorney now. Remember, these are not mild neighborly disagreements. It would be best if you had an attorney also because:
- A lawyer will have the experience to fight the HOA;
- Attorneys may be able to resolve your issue through negotiations;
- If the issue goes to court, your lawyer will be prepared; and
- The HOA will have legal representation.
A trusted law firm is the best entity to represent you to defend your rights. Homeowners in Texas who have a dispute with their homeowners association need legal representation. Waiting will put your case at a disadvantage.
The Far Reach of HOA Disputes
Do not minimize what happens when you are engaged in an HOA dispute. Please make no mistake about it; HOA boards can be relentless, legally conniving, and powerful in getting what they want. Here are some of the possible outcomes of conflict with an HOA.
What some homeowners may not realize is that a squabble with an HOA can lead to foreclosure. Here is why: HOAs require that homeowners pay HOA dues. The HOA may seek court assistance to sell the resident’s home to collect the debt owed if they do not make these payments. Be sure you understand that this may occur even if all mortgage payments are current.
An HOA board can be equal to a neighborhood bully. Like any bully, they will often go for a victim they think they can intimidate. Often, they will continue bullying until someone stands up to them.
Ignoring a bully rarely works. Therefore, if your HOA is harassing, singling out, or unfairly targeting you, the time to speak up is now. Lawyers are trained advocates. When you hire an attorney to fight HOA harassing behaviors, you hire someone to fight the bully for you, and your lawyer will not back down.
Lawsuit for Breach of Contract
While you are thinking about what to do and how to handle things, your HOA board is likely two steps ahead. Before you can put together a game plan, they may file a lawsuit against you. Get yourself legal representation quickly or risk being on the receiving end of a suit and trying to defend yourself while the HOA paints itself as the victim.
We advise that as soon as homeowners begin wondering how to fight HOAs, they should get a lawyer. There is no point in the dispute that it is too soon or too late to get a lawyer. However, the sooner you meet with a lawyer, the sooner you can rest assured that they are fighting for you.
Don’t Fight the HOA on Your Own
Everything seems to be available online nowadays. As a result, many people have an unrealistic and dangerous belief in how to handle legal maneuvers. If you need to sue your HOA, an online template is not the way to go. A template or webpage cannot teach you how to sue your HOA and win. A lawyer has the training to do so. If you are defending yourself against harassment or alleged contract violations, you don’t want to submit to this treatment or have a court deem you in violation. You want to engage a legal team that knows how to fight HOA abuse and push back.
Wood Edwards: The Texas Litigation Law Firm
Wood Edwards is a highly respected law firm in Dallas. We offer efficient, flexible, and extraordinarily personal service. Wood Edwards lawyers have extensive experience representing clients throughout Texas and in other states. We pride ourselves on protecting our clients’ interests and resolving conflicts with strength and tact. When you need representation, contact Wood Edwards online or by calling 214-382-9789.