HOA Conflicts Protecting Your Interests in Real Estate Matters

HOA Conflict Attorneys in Fairfax

Resolving Conflicts Between Homeowners and Associations 

Owning a home that sits in a community governed by a property owners’ association (POA), sometimes referred to as a homeowner’s association (HOA) has certain advantages. The role of the HOA is to make sure residents are abiding by the legal rules developed by the property owner. These rules are set up to ensure safety and a sense of uniformity in the community, and you should have been given a Declaration, of Covenants, Conditions, and Restrictions (CC&Rs) and By-Laws upon moving in so you would know what was expected of you. However, these rules are not static, and they can change after periodic HOA board meetings, and conflicts can occur between yourself and the HOA expectations. The Virginia Property Owners’ Association Act provides further guidance regarding the relationship between an HOA and its residents.

If you’re having a dispute with your HOA, it’s important to have a knowledgeable lawyer on your side to guide you through the legal process. At Keithley Law, PLLC we have over 50 years of combined experience practicing law and have an in-depth understanding of the various legal issues that can arise between homeowners and HOAs. When you hire our team, you will have an advocate in your corner providing skilled legal advice and effective representation to help you through the matter.

Get started with your case today by calling us at (703) 454-5147.

Know Your HOA Obligations 

When you first move into a place that is governed by an HOA, it’s crucial to read the CC&Rs, By-Laws, and any other governing documents, so you know what your obligations are as a resident and you understand what the property owner is responsible for.

There are various requirements and limitations set forth in this contract, which could include, but are not limited to:

  • Maintaining a well-manicured lawn
  • Parking your car in the garage and not in the street overnight
  • Refraining from building a fence around your property
  • Keeping the exterior of your home in good condition
  • Painting your house a certain color
  • Not owning a particular breed of dog
  • Obtaining advance approval for architectural or aesthetic changes

Consequences of HOA Rule Violations

In some cases, the expectations of you as a homeowner can be reasonable; however, in others, you might find that the governing documents and the HOA’s enforcement of them conflict with your personal beliefs or wishes. For instance, you might want to adopt a German Shepard, but the community rules prohibit owning large dogs. If you take in the new animal anyway, you might be penalized.

If you actively disregard a specific rule, you could violate your contract and be subject to penalties, such as:

  • A fine
  • Restriction from using common areas
  • Forced compliance
  • A lawsuit filed against you

As with the rules, some of the punishments may seem unfair, or they might be imposed for something that was not specifically covered in the governing documents. If you have a conflict with your HOA, you can try to work it out with the association first. You might have to attend a mediation hearing to see if a compromise could be made. However, some issues can’t be resolved during arbitration with the HOA, and need to be handled by an experienced attorney. That is where the Fairfax lawyers at Keithley Law, PLLC can help. We will review your governing documents, take the time to learn about the dispute, and answer any questions you might have. Our goal is to work toward an outcome-focused on your best interests.

Contact Our HOA Conflict Lawyers in Fairfax

If you feel your HOA is unfairly enforcing a rule or is trying to make you do (or refrain from doing something) that is not in your governing documents, seek legal help as soon as possible. At Keithley Law, PLLC we have extensive experience in tenant and real estate law, and we can provide insightful guidance from the beginning of your case to its end.

Discuss your legal options by calling us at (703) 454-5147, or schedule a consultation by filling out an online contact form.

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