Disputes between homeowners and neighbors are not the only thing property owner associations (POA) deal with. It is also possible to have disputes between the homeowners and the board, or board members.
Dealing with such disputes can be stressful and time-consuming, so the board must consider whether the dispute is serious enough to warrant legal action.
What are the most common causes of POA disputes?
There are several reasons a resident or property owner and the POA can have a dispute. Residents or property owners may question certain fines and rules, as well as the POA’s authority to enforce these rules. Some perceive inconsistency or selective rule enforcement. The POA may need to tackle disagreements on a number of things, including violations and the management of POA funds and fees. Additionally, the board may also receive complaints about an increase in dues or the imposition of special assessments.
Can homeowners sue the POA over disputes?
Yes, there are instances when homeowners can sue a POA over disputes. This can be a last resort, though, as state laws and an association’s governing documents may require mediation or arbitration first. Litigation can be a long and expensive process, which may discourage homeowners from pursuing it. Nevertheless, the board should prepare to defend itself from such lawsuits in case the other party decides to sue.
A mediation requires the services of a trained mediator, listening to both parties and helping them reach a resolution. This is often a more efficient and cost effective option compared to taking matters to court.
Homeowner and POA conflicts are common and can lead to lawsuits, but there are better – and more peaceful – alternatives that both parties can take in finding a resolution.