Can I file a dispute against my homeowners’ association?

You’re not sure what you’ve done, but you feel like your homeowners association (HOA) is attacking you personally. It seems to you that the HOA goes out of its way to make accusations against you that are false, or it allows other residents to get away with the very things it accuses you of. Most recently, you received a violation notice for unauthorized trash can placement, but you know the person across the street from you places her cans in the same spot and isn’t targeted for it.

When Your Dispute Turns Major

You believe your HOA’s latest accusations and demands against you are in violation of your contract and you want to take action. Fortunately, you can, with the help of an attorney. You should be aware of the following:

  • The law may be on your side. HOA members have certain rights under the Virginia Property Owners’ Association Act and the Virginia Condominium Owners’ Association Act. If you feel your HOA is going against its contract, these acts may protect you.
  • File a dispute. Contact the president of your HOA to discuss your problem. The association may schedule mediation or arbitration to resolve the issue. However, this may take some time and is often stressful. If your complaint is minor, you may not feel the time and effort you have to put into it is worth it.
  • Hire a lawyer. If you don’t think the HOA will take you seriously or you’re not satisfied with the results, hiring a real estate attorney is your best option. You can then make a legal claim against the HOA that will make them take notice and possibly comply, or take your case to court and let a judge decide.

Don’t Allow Your HOA to Take Advantage of You

Homeowners associations are legal entities, which means you can take legal action against them. Real estate law is complex, and having an attorney on your side will increase your chances of success.

The lawyers of Tavss Fletcher may be able to help you get the justice you deserve. Contact us today to learn how.