answersLogoWhite

0


Best Answer

Maybe, but it's not worth it. Since you are a member of the HOA, you have the right to sue the offending homeowners directly in your own name. If you win, the covenants and/or state law would likely allow you to collect attorney fees against the covenant violator. I would advise you to talk to a real estate attorney for specific information on your situation.

Another Answer

Yes, of course you can sue. And before you do, read your covenants to find out what you can do to expose non-enforcement. For example, you can write a letter to the board, calling out the events and the covenant violated. Request an entry on the next board meeting agenda together with a discussion period. Finally, request a vote that the board will begin enforcing this covenant or force the board to vote that it will not enforce the covenant.

With minutes from that meeting in hand, you can approach an association-savvy attorney who can write a letter to the board indicating that a civil suit will be brought unless the board agrees to enforce the covenants, which is required by state law.

User Avatar

Wiki User

13y ago
This answer is:
User Avatar
More answers
User Avatar

Wiki User

9y ago

Your answer may depend on the damage you suffer when the board fails in its enforcement duties.

Board members can -- and do -- fail in their duties, and can generally disappoint an owner who expects compliance.

If the enforcement is simply -- 'they can't do that' -- and you suffer no monetary damage, it may be like a disruptive child in a church service: annoying.

If the enforcement causes damage, and monetary loss, you can write to the board explaining your position, presenting the evidence of damage suffered because of their lack of enforcement, and requesting their response.

Then, if you do not believe that you have been successful with the board, you can engage the services of a local, common interest community attorney, given your evidence. The attorney may or may not take your case.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

Yes of course you can. Win? Not sure about that.

Most people don't care for the HOA. Some people HATE the HOA. Most people think the rules they like are great while the rules they don't like are unreasonable, outrageous and unenforceable. These people are usually experts on the Constitution and what it means to be an American.

The bottom line: You may have thought the HOA was there to protect you. But their job is impossible. The HOA is fought tooth-and-nail by the rule breakers who call them Nazis, call local television stations (which love these disputes!) etc. You should buy a home only after carefully insuring the neighborhood is going to be the way you want it. The HOA is either going to be powerless to turn a "pig's ear into a silk purse" or they are going to try and in the end find that it is impossible and give up. At that point the HOA will tell you to go away.

My best advice: Rent a home in the HOA for 6 months. You will know by then if the HOA has got what it takes. Most, I'm afraid, do not.

This answer is:
User Avatar

User Avatar

Wiki User

10y ago

The key is to understand why the association is contacting you.

If you believe that the association has no reason to contact you, and can produce videos, e-mails, letters and so forth as evidence of harassment, then you may be able to find an attorney to take your case.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

Sure, unless you previously signed an agreement not to sue.

Another Answer

Remember that when you sue a homeowners association of which you are a member, you're simply suing yourself.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

Yes. If the homeowner's association finds the homeowner to have violated rules and regulations set forth by the association. Furthermore, if the homeowner has criminal liabilities inside the association, he can also be sued.

This answer is:
User Avatar

User Avatar

Wiki User

12y ago

For attorneys who specialize in state association law, this is apparently a fruitful pursuit -- for good reason.

Associations are made up of owner-members who elect directors to serve on the association's board. Boards are entrusted with a fiduciary responsibility to the owners who elect them, trusting these board members with the value of the real estate assets you all own in common.

When boards violate the governing documents and/or the state law under which the association is formed and exists, sometimes the lasts recourse for owners is to sue the association.

Depending on the issue involved, there are many steps owners can take that cost significantly less money. For example:

  • Review the board minutes that signifies the board action taken that violates the governing documents (including state law)
  • Write to the board, citing the law being violated, and request a slot on the next board meeting agenda with at least three minutes to make your case
  • Make your case at the board meeting, and request that the board vote to either obey/ follow the law, or vote to violate it

With those minutes as evidence, you can consult an association-savvy attorney and explore how to pursue your cause.

This answer is:
User Avatar

User Avatar

Wiki User

15y ago

You should review your copy of the covenants to see who has the power to enforce the terms and provisions of the covenant agreement. You could try to complain to the entity that hired the management company. That may be the developer if it still has any interest in the subdivision, or, there may be a board of trustees. If that doesn't afford any help you should seek the advice of an attorney who could review your options. Your only recourse may to be to bring an action in court against the developer or management company. You may have a claim that the value of your property has decreased due to the failure to enforce the covenants.

This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Can you sue a homeowners association if you are a member?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Related questions

Can you sue a homeowners association when they keep billing you for money not owed?

Yes, it is possible to sue a homeowners association if they continue to bill you for money that you do not owe. However, before resorting to legal action, it is usually recommended to try and resolve the issue through communication and negotiation with the association to avoid costly litigation. If the issue cannot be resolved amicably, consulting with a lawyer specializing in homeowners association disputes would be advisable.


Do you capitalize the word homeowners association?

Nope. The word "office" isn't part of the official name, presumably. Try substituting any other thing the Homeowners Association might have. Would you capitalize the Homeowners Association softball team, the Homeowners Association stationery, or the Homeowners Association location? (I'm a grammar Nazi--but only on request.)


Should Homeowners Association be capitalized in a sentence?

If the title 'Homeowners Association' refers to an actual association, then yes. It is the name of a registered association, and is therefore a proper noun. All proper nouns should be capitalised.However, if it is used as a general term, e.g. "Are you part of any homeowners association?" then it does not require capitals.


Is the immediate Past President of a Homeowners Association automatically a member of the subsequent Board of Trustees?

Your governing documents contain the answer you seek. There is no standard.


How can homeowners insurance pay for homeowners association dues if i cannot pay?

It won't. Homeowners insurance is protection from sudden accidental losses, it does cover association dues.


Is the homeowners association ID valid in any establishment?

Yes. The homeowners association ID may be valid in any establishment.


Is membership in a homeowners association mandatory?

If the subdivision is subject to a Declaration of Restrictive Covenants that include a homeowners' association then your property is subject to mandatory membership.


What is the meaning of poa annua?

Property Owners' Association (similar to Homeowners' Association)


Where is the Bessemer Historical Homeowners Association in Bessmer Alabama located?

The address of the Bessemer Historical Homeowners Association is: Box 1761, Bessmer, AL 35023


Can a homeowners association sue in small claims court?

It depends on the jurisdiction and the specific rules and regulations of the homeowners association (HOA). Some jurisdictions allow HOAs to sue in small claims court for certain disputes involving homeowners. However, other jurisdictions may have restrictions or requirements that prevent HOAs from pursuing legal actions in small claims court. It is best to consult the HOA's governing documents and seek legal advice specific to your situation to determine if the HOA can sue in small claims court.


Can you sue homeowners association insurance for water damage caused by stream under your home that runs through the community?

No. For one thing you don't sue the insurance company you file suit against the homeowners association. It is doubtful that you will have any claim unless you can prove that they did something negligently that caused the damage on your property. Really you should have had a flood policy if you are in a flood zone or low area and that would pay for your property damage. I also don't understand how the stream runs under your home.


What is difference between a neighborhood civic association and a homeowners association?

A civic association gathers and operates around a civic principle. A homeowners association is a land-use covenant made with the local municipality, county and state that gathers and operates real estate around a set of covenants, conditions, restrictions and reservations. Generally, membership in a civic association is optional; membership in a homeowners association is mandatory when a person purchases property within the boundaries of the association's land plat.