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The 3 primary reasons why a homeowners’ association may sue you

| Mar 17, 2021 | Residential Real Estate |

Data published in 2017 by the Community Associations Institute (CAI) captured how approximately 70 million Americans lived in communities with condo, cooperative or homeowner associations (HOA).

Data compiled by the Coalition for Community Housing Policy in the Public Interest (CHPPI) suggested that at least 72% of these residents had previously conflicted with their HOA. There were some trends as to why these disputes occurred.

Common reasons homeowners’ associations sue residents

Specific issues that lead to to HOAs suing their residents include:

● Residents making untimely HOA dues payments
● Parking rules violations
● Residents making unapproved home modifications

The bylaws of many HOAs allow them to assess fines to residents who fail to abide by their communities’ covenants. For instance, an HOA may sue a homeowner that fails to pay any assessed penalties.

Reasons why residents often end up suing their homeowners’ associations

While there are countless reasons why an HOA may sue a homeowner as described above, there are just as many reasons why the reverse may happen.

It’s not uncommon for residents in these communities to sue an HOA board member because they appear to be more concerned about their perspective or self-interests than what’s best for all residents who live there. The existence of alliances among residents may result in a homeowner being unfairly treated, thus causing conflict and litigation.

Should you sue your homeowners’ association?

Deciding whether an issue is serious enough to warrant you suing your Naples HOA may prove challenging. You may worry about the implications of doing so since you need to continue living there. An attorney can help you understand the pros and cons associated with doing so in your Florida case.