Following all the community rules and watching your homeowners association (HOA) let violations slide for others can be a frustrating and dispiriting experience. When you have an HOA not enforcing rules, it can diminish your property’s value and disrupt your quality of life.
As a Massachusetts homeowner, you have a right to expect the association to uphold the rules, and there are specific actions you can take to resolve an HOA dispute.
Steps for Massachusetts Homeowners
Before escalating the issue, it’s crucial to build a strong foundation for your case. These initial, practical steps will ensure you have the necessary proof and standing to take action against the HOA for not enforcing rules equally.
Identify and Document the Violation
The first step is to create a detailed log of evidence. Record specific dates, times, and locations of the rule violations and take clear photos or videos. This unemotional, factual record is the most critical tool at your disposal.
Review Your HOA’s Governing Documents
Next, locate the specific rule being violated within your HOA’s or governing documents, often called Covenants, Conditions, and Restrictions (CC&Rs) and Bylaws. By identifying the exact article or section, you confirm the association has a written duty to act.
Submit a Formal Written Complaint
With your documentation and the specific rule in hand, draft a formal, professional letter to the HOA or condominium association board. State the facts of the violation clearly, cite the rule that is being broken, and mention the evidence you have collected. Send this letter via certified mail to create a legal record that the board received your complaint.
Understanding the Legal Standard
Your association has legal duties it must fulfill. For an owner, understanding these standards is key to knowing what to do if your HOA is not enforcing rules.
What Is Selective Enforcement?
Selective enforcement occurs when the HOA board penalizes some homeowners for a specific violation but ignores it when committed by others. If the board is fining you for your overgrown lawn while allowing three other homes to have the same issue without consequence, that is a classic sign of selective enforcement and may be illegal.
What Is a Breach of Fiduciary Duty?
The HOA board has a fiduciary obligation to perform its duties in the entire community’s best interests. It must act in good faith and enforce the rules fairly and consistently. When a board knowingly ignores its responsibilities, allows rule violations to fester, or makes decisions that benefit a few members at the expense of the many, it could be a breach of this fundamental duty.
Escalating Your Complaint
If you’ve sent a formal letter and the board still refuses to act, your next steps should involve bringing in third parties to escalate the matter.
Requesting Mediation or a Formal Hearing
Many governing documents include procedures for formal hearings or mediation. Mediation involves a neutral third party who facilitates a resolution between you and the HOA. It is often less expensive and faster than a lawsuit.
When to Contact Calabrese Law Associates
When all other avenues have failed, consider consulting an experienced real estate litigation firm in the Greater Boston Area, such as Calabrese Law Associates, to fight for your rights.
Suing the HOA for Breach of Contract
Your HOA’s governing documents are a legally binding contract between the association and its members. If there is a breach of that contract, you can sue the HOA for not enforcing the rules. A lawsuit can seek damages and compel the board to act.
Seeking an Injunction to Compel Enforcement
An injunction is a court order that legally compels the HOA to perform its duties and enforce the rules. An injunction can be a powerful way to get the results you need, and a skilled attorney can help you navigate the complexities of condominium law to seek one.
Why Trust Calabrese Law Associates?
At Calabrese Law Associates, our attorneys possess the deep industry knowledge and insight our clients need to succeed in the competitive Massachusetts real estate and construction industries. We are skilled trial attorneys focused on achieving the best possible result for your specific circumstances.
Our approach is grounded in providing efficient, effective, and industry-leading legal representation for a reasonable fee. We are accessible to our clients, returning phone calls promptly and presenting solutions that prioritize out-of-court resolution first, with litigation as a powerful tool when necessary. We serve the Greater Boston Area and have a statewide reach.
Reach out to Discuss Your Situation
If your HOA is not upholding its official rules, Calabrese Law Associates can review your case and help you find a path forward. Contact us for assistance today.
This publication and its contents are not to be construed as legal advice nor a recommendation to you as to how to proceed. Please consult with a local licensed attorney directly before taking any action that could have legal consequences. This publication and its content do not create an attorney-client relationship and are being provided for general informational purposes only.
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