What HOA issues can require legal guidance?

On Behalf of | Apr 26, 2024 | Property Owners Association Law

Homeowners’ Associations (HOAs) often perform duties that help maintain peace and quiet within the community. However, conflict can sometimes be unavoidable, and members may disagree with certain restrictions.

While HOA reps and associates can resolve simple conflicts through a discussion, some complex issues may be more challenging to address. If the two parties cannot settle the matter independently, they may seek legal support to help them reach an agreement.

As an HOA rep, you are responsible for addressing members’ concerns about the community and their properties. Knowing which issues may require legal help can inform your organization’s action plans for settling conflicts.

Legal disputes against HOAs

In Texas, there is no designated state agency that receives and investigates complaints from HOA members. However, an HOA usually allows residents to share grievances directly with the organization. After a discussion or an evaluation of the association’s current regulations, the two parties involved may reach an agreement.

That said, some disagreements may be too complicated, making them more challenging to iron out. The following points are some examples of complex issues that may be trickier to resolve:

  • Negligence claims
  • Disagreements over the enforcement of rules and regulations
  • Housing discrimination complaints
  • Claims involving the violations of laws protecting property owners

An attorney can help protect the organization’s interests when conflicts arise. Moreover, they can help the HOA implement regulations in line with local statutes, which is crucial for maintaining peace within the neighborhood.

Simplify conflict resolution within the community

Developing an effective action plan for settling conflicts can be crucial for HOAs. The organization should handle all member grievances promptly, even those that may lead to legal action.

As an HOA rep, you may consider working with attorneys to demonstrate to members that the organization is committed to resolving internal conflicts. This action can also show residents that the HOA is ready to hear what they have to say, giving them the freedom to speak their minds.