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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.

Homeowners’ associations, which are usually unincorporated nonprofits, are supposed to ensure the peaceful co-existence of neighbors within the community. Often disagreements happen between neighbors, but that doesn’t impact the HOA. HOA disputes relate to things that the homeowners’ association decides directly. These disagreements may involve short- or long-term conflicts that can affect the entirety of the HOA community.

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Sometimes issues arise between residents and their HOA that require legal action to resolve. Often such disputes become contentious. Consulting with a homeowner association attorney at Calabrese Law Associates can help you address the problem swiftly, which is critical since you continue to live by the HOA’s regulations during your disagreement.

homeowners association laws

Table of Contents:

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 over suing an HOA for selective enforcement.
  • 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 or HOA Bylaws)
  • 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 and is in violation of the HOA’s rules and regulations.

Issues don’t necessarily have to arise at meetings. While meetings can be contentious if changes to the Declaration of Covenant happen, for instance, you may also find out about a new policy in the HOA newsletter or just by speaking with a neighbor.

Your HOA’s board should be open to listening to concerns at meetings. By directing your questions to the board of directors, you can get solid answers and decide how you would like to proceed with your complaint. Often issues can’t be settled by talking things out, and you will need to move forward by speaking with an attorney for HOA issues.

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Challenges to Massachusetts HOA Laws

Legal challenges to HOAs or condominium associations differ from other legal disputes because the person who is making the challenge usually lives within the HOA while the dispute plays out. This can make for awkward interactions with neighbors since HOA members are also residents of the community. You will need to walk a fine line between challenging the problem and keeping the peace with your neighbors so that an unpleasant situation doesn’t become worse.

Enlist an experienced homeowner association lawyer who is dedicated to finding creative ways to resolve your case quickly. An out-of-court settlement may be your best option, avoiding a broader confrontation that could leave lasting scars on your community. The goal of your challenge should be to make living conditions for everyone within your neighborhood better, and legal action should be a means of improving the community. Working with a specialized attorney for HOA issues increases the chance of this outcome. 

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, it’s critical to work with an experienced 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.

HOA property owners

Another issue with Massachusetts HOA laws is that homeowners’ associations are controlled by documents that outline the rules and regulations of the HOA. These documents often change, 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.

regulations change over time

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 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.

Do You Need a Lawyer to Solve an Issue With Your HOA?

Lawyers can be a tremendous advantage when confronting your HOA dispute. At Calabrese Law Associates, we have assisted many condominium or homeowners just like you who want to correct unfair treatment by their HOA. Working with an experienced lawyer for HOA issues is critical because HOA cases can be delicate. You want an attorney who understands how to use diplomacy and legal tactics to force changes without becoming confrontational. Contacting a lawyer as soon as possible is vital to ensuring that the issue is resolved with the best chance of keeping the relationship between all parties intact. 

When a homeowner association lawyer steps in to handle your dispute, you are free to continue living within the HOA community. You can defer questions to your lawyers, keeping interactions with your neighbors pleased. We can efficiently resolve your case to reach the best possible outcome, using our industry-leading expertise to craft strategies that will move you closer to your goals.

If you’re looking for an HOA attorney for homeowners 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 phases of their matters.

HOA attorney

Contact Calabrese Law Associates to set up a free consultation today. Call 617-340-6623 or fill out our online contact form for a quick answer. We look forward to connecting with you.

 

While Calabrese Law Associates does offer legal help for landlord-tenant disputes, it is extremely rare that we take on these cases. Only about 1% of tenant-related cases and 10% of landlord-related cases will be considered by our law firm.

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