People often consider their homeowners' association, or HOA, an all-powerful entity. However, not only do these organizations not have unlimited power, but they also do not always operate with the owners' best interests in mind. For this reason, homeowners sometimes have a legal right to sue these organizations.

Harassment 

When a homeowner violates a community ordinance, the HOA has the legal right to notify the owner and take necessary action. An HOA cannot, however, use its authority to harass or target homeowners. For example, consider a community with an ordinance against the public display of waste cans. If the HOA decides they will only send out violations to some of the homeowners who have their waste cans out, and not everyone, this is a form of harassment. 

Funds Misappropriation

Homeowners pay dues to their homeowners' association monthly, quarterly, or yearly. It is then the responsibility of the HOA to use these funds as agreed upon by the residents. When an HOA does not spend these dues as required, a property owner can sue the organization for misappropriating funds. Even if the funds are not being stolen but instead used at the discretion of the HOA and not as intended, this is still considered misappropriation.

Design Disputes

An HOA covenant generally lists design requirements for the community's interior and exterior properties. These covenants are usually highly detailed but may occasionally miss some details. When a homeowner requests permission for a design update to their home not listed in the covenant, such as the addition of a shed, the HOA cannot simply deny the update without recourse. Instead, if the request is not listed in the covenant, the HOA cannot forbid the owner from making the update. When an HOA denies the update anyway, the homeowner can sue.

Real Estate Attorney

You must speak with an attorney if you believe you have grounds to sue your HOA. The covenants that protect these organizations are extensive, so just because you think you have a valid claim does not necessarily mean you do. An attorney can review your situation and help you determine how to proceed. Additionally, you can all but guarantee that the HOA will have attorney representation, so it is essential that you do too.

Again, if your HOA is not honoring its end of the agreement, you have the right to seek legal action. Just make sure you have an attorney on your side when you do.

For more info, contact real estate law services today.