Is Only Recourse a Lawsuit?
Hello – is the only recourse that a property owner has against an HOA that is not maintaining the community to file a lawsuit? Many emails have been sent with no resolution. Issues surround common area maintenance, infrastructure (roads/curbs/streets) that is deteriorated.
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Julie,
Litigation should always be the last resort for any homeowner. Win or lose you will always end up paying for all the attorneys on both sides of the issue. The best approach is organization and mobilization. Talk to your neighbors; if you have concerns, most likely many more of your neighbors will have the same concerns. Build a network of homeowners to present your concerns to the board. Never approach the board with a concern on your own. Get your new coalition to attend the next board meeting and respectfully bring your concerns to the board for their actions to address them. The more people you have, the better; it is far too easy for the board to retaliate against a small number of homeowners, while the board can’t do so with a large number of homeowners. If the board still refuses to address the concerns, you can use your new team to petition for a special meeting to recall the bad actors on the board. If you get to this point, speak to me first so that I can guide you through this process.
Just remember this, the board is not under the obligation to make any individual homeowner happy but they do have a duty to maintain the common property and to act in the best interest of the homeowners as a whole. If your concerns are not shared by many other homeowners, you will have little to no chance of any success in getting what you want done.
Dennis