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Here are some defenses to HOA violations

On Behalf of | Oct 4, 2021 | Real Estate Law |

Living in a homeowner’s association can give you some peace of mind, knowing that your property value will be protected. But HOAs can also be burdensome. They can restrict how you use and update your property, which can affect your enjoyment of it as well as your investment in it. But if you’re facing a dispute with your HOA, you shouldn’t just sit back and accept what they’re telling you. Instead, you should consider whether taking legal action is in your best interests.

HOAs and failure to enforce

One way that you might be able to fight back against an overly aggressive HOA is by claiming that it has failed to enforce certain restrictions found in its bylaws and covenants. While the board of directors of an HOA isn’t required pursue every violation, a wide-sweeping lack of enforcement of an existing restriction can act as a sort of waiver of the right to enforce that right altogether.

There are other legal avenues that can render a right to enforce untenable. For example, if the violation isn’t pursued within the statute of limitations, then the HOA will be unable to pursue the violation. Also, if the HOA acts unreasonably slow in enforcing a violation, then you can argue laches, which essentially means that the HOA shouldn’t be able to take action because of its delay to act on its right.

Competently navigate your HOA issues

It can be frustrating and time-consuming to argue with HOAs. But the implications of your dispute can actually be pretty broad. That’s why you need to do what you can to protect your interests. This may mean seeking out the legal assistance necessary to competently navigate your HOA dispute.