Homeowners’ Associations, or HOAs, can help maintain a property of value in a neighborhood and create a sense of community. These associations also have the power to create rules and impose fines when homeowners violate these rules. These fines can quickly add up and create serious legal trouble for property owners and HOAs
A Bloomington HOA dispute lawyer could help evaluate the language of the homeowner’s agreement and compare it with the alleged violation. An experienced real estate attorney can then fight to protect an HOA’s rights during a dispute with a homeowner or to represent a homeowner to protect their rights during meetings.
Why Might an HOA Dispute Arise?
In an HOA, a homeowner agrees to pay dues into a general fund that goes towards maintenance and security. In exchange, the person must keep their home in a certain condition and follow the rules concerning conduct and usage. Typical examples of HOA disputes arise as the result of:
- A failure to properly landscape a yard
- Offering property for rent or services such as Air BNB
- Violations of rules regarding the proper keeping of pets
- How a car is parked on their property
The only remedy that an HOA has in cases of an alleged violation is to impose a fine. However, they have a contractual ability to do so and may request that a civil court get involved in enforcing an agreement. A Bloomington HOA dispute lawyer could evaluate an HOA’s agreement to determine their rights and obligations under the contract.
The Rights of Bloomington Homeowners and HOAs in Meetings and Court
HOAs have certain powers in neighborhoods. This includes the right to demand the payment of a fine if a violation of those rules occurs. Many HOAs also have regulations that control the methods for imposing fines and a homeowner’s rights if they violate the rules.
Minnesota Statute §515B.3-102(10) states that HOAs have specific power to impose fees or penalties after there is appropriate notice and a chance to argue the matter before the board. A Bloomington HOA dispute lawyer could help evaluate the bylaws of the HOA to determine whether they meet state law standards. They could also appear in person to argue whether the imposition of a fine is appropriate under the circumstances.
An alleged violation of an HOA is considered a breach of a contract. As a result, civil courts have jurisdiction over these cases. Associations that want a court to order payment must file a complaint within six years of the alleged violation under Minnesota Statute §541.05.
A Bloomington HOA Dispute Attorney Can Help
HOA disputes can become a serious problem for landowners and HOAs alike in Bloomington. These associations have broad powers to collect dues to contribute to the maintenance of common areas. Additional rules can control how a person uses their property, how they keep that property in good repair and the behavior of pets or guests.
Disputes over whether a property owner met their obligations under these agreements are common. State law grants HOAs the ability to levy fines but also preserves the ability of homeowners to argue against the imposition of penalties. A Bloomington HOA dispute lawyer could evaluate the legality of an agreement, determine if there are grounds to issue a fine, and fight the case in court, if necessary. Call today to discuss your options.