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How to protect your homeowner’s association from legal action

| Jul 29, 2020 | Condominiums & Cooperatives

No one pays you to be on the homeowner’s association committee. No one compensates you for the hours you give to ensure your condominium is a pleasant place to live.

Facing litigation from a tenant or owner is enough to make you want to renounce your role in your homeowner’s association (HOA) and move out. If you understand some common reasons people bring lawsuits against HOA’s, you can take steps to lessen the chance of it happening to you.

  • Harassment or discrimination: You are not allowed to make rules based on race, gender, religion, family status, or disability, nor decline to admit someone because of any of these. Check the Fair Housing Act if unsure.
  • Use of community funds: As an HOA, you can charge fees to cover specific costs. Be sure to keep thorough documentation of all spending. If a tenant or owner considers your spending is frivolous, or unaccountable, they may take you to court.
  • Breach of contract: Ensure your HOA complies with the duties laid out in the Covenants, Conditions and Restrictions. Sometimes, homeowners make claims if the HOA is not keeping up with repairs and maintenance of the building and any grounds pertaining to the association.
  • Alterations to property: Despite potential restrictions, homeowners may want to make changes to their property. If the HOA does not permit it, they may take the matter to court.

If your Mount Kisco homeowner’s association faces legal issues, which cannot be resolved by discussion, seek the advice of an experienced local attorney. They can help you understand any federal and state laws which may govern your dispute.