The legal needs of a homeowners association (HOA), condominium association, or other planned residential corporations are generally different than those of others involved in property law. The challenges and complexities of these legal cases often go beyond those of traditional real estate or landlord tenant litigation. When these occur, it is wise to turn to a real estate attorney who has experience with HOAs and their governing documents.
The rapid increase in the number of Americans’ living in a community governed by a homeowners association has meant a concomitant rise in the number of legal disputes. These legal disputes come in a variety of types and it is important to be prepared. Of course the first step to preparation is to have a set of solid, legally reviewed, and valid founding documents for your association. Ensuring that your covenants, conditions, and restrictions and all bylaws are legally valid and as focused and specific as possible is an important part of responsible association management. It also lessens the likelihood of legal dispute and makes enforcement easier.