Homeowners Association (HOA) Law

Homeowners’ Association (HOA) Law

A Homeowners association (HOA) is an unincorporated nonprofit association consisting of property owners living in a specific condominium building or residential neighborhood. Generally, the goal of a homeowners association is to ensure common areas are well maintained and certain use and building restrictions are enforced.

HOA Issues Common in Boston

Homeowners’ associations usually involve a board of directors that are responsible for holding meetings, making key decisions and enforcing rules. You can be elected to the board if you are part of the homeowners association.

Homeowners association disputes often involve the HOA’s own rules and regulations. Some of the most common disputes include:

  • Disputes over allegedly restrictive HOA rules or regulations.
  • Disputes regarding HOA boards or elections.
  • Nonpayment and collection issues.
  • Civil litigation concerning the use of common areas.
  • Land use and zoning issues.
  • Disagreements over changes to the HOA’s governing documents (e.g. Declaration of Covenant, HOA Bylaws, etc…)
  • Construction disputes due to contractor’s failure to follow HOA building rules and restrictions.
  • Renting a condo unit or home that is part of the HOA in volation of the HOA’s rules and regulations.

Challenges With HOA Disputes

HOA disputes are not like other types of construction or real estate challenges. In many cases, the persons who are affected by the HOA are property owners who are part of the HOA and the community. When HOA disputes arise, its critical to work with an experience homeowners association attorney because there is a delicate balance to strike in these situations – handling the dispute while maintaining an open line of communication with the HOA and members thereof.

Another issue with HOA law is that homeowners associations are controlled by documents that outline the rules and regulations of the HOA. These documents change often, and not everyone who owns a unit may agree with the change being proposed or changes made. For example, unit owners may oppose an increase in homeowner’s association costs or a new rule regarding parking or land use. Regulations that unit owners agreed with when they first purchased their unit may change and become unrecognizable over time, creating friction and tension within the community.

Homeowners’ associations also have a powerful impact on property values. If a homeowner moves into a condo and after a few years the homeowners’ association makes changes to common areas potentially affecting the unit owner’s property value, this can easily lead to disputes and legal claims.

Handling HOA Cases

Again, since the persons typically involved in HOA disputes often live in the community while the HOA dispute is ongoing,, working with the experienced homeowners association attorneys at Calabrese Law Associates, Boston, Massachusetts is critical. The firm’s homeowners association lawyers strive to resolve HOA disputes in an efficient and effective manner so you can continue being part of the community and living in your home while we handle your case – this reduces the number of potentially contentious discussions you may have with your neighbors or board members.

If you’re looking for a homeowners’ association attorney in Boston, Massachusetts contact Calabrese Law Associates for a free consultation. Our firm handles cases concerning HOA disputes, contract law, condominium law, real estate law and construction law on a regular basis. In every case the attorneys at Calabrese Law Associates provide clients with industry-leading legal representation at all phrases of their matters.