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Although being a homeowner has many advantages, some challenges may require the assistance of an attorney to navigate. For example, your neighborhood’s HOA may take an action against you that you feel is unjustified, or you disagree with its rules in the first place. Perhaps you have an issue with another homeowner in your neighborhood and need the HOA to mediate. In any of these cases, you would need to know the best way to resolve the issue. 

4 Tips for Dealing with an HOA Dispute 

1. Check the Rules 

The rules set forth by your HOA are contained in a document known as the Declaration of Covenants, Conditions, and Restrictions, also called CC&Rs. If you’ve been fined for violating the CC&Rs, review them first to see if you agree. Cross-reference them with the federal laws laid out in the Fair Housing Act as well so that you can make sure they’re even legal. 

2. Fight Carefully 

attorneyIf you’re sure that you were unfairly accused of violating the CC&Rs, or if you feel that the rules should be changed, write a letter expressing your concerns. Include any evidence you can to support your argument. You can also attend the next HOA meeting or join the board to push for the changes you want. 

In the meantime, continue to pay your fees and follow the CC&Rs. Even if your fight is successful, you could still incur a lot of legal penalties that you will need to pay if you break your agreements out of protest. 

3. Look for a Compromise 

No matter the outcome of your dispute with the HOA, it’s best to maintain as positive a relationship with them and your neighbors as possible. If the HOA determines that the dispute should be resolved by a mediator, such as an attorney, use the opportunity to propose an update to the CC&Rs that would benefit both you and the other party. 

4. Consult a Lawyer 

Perhaps you feel that the HOA isn’t adequately addressing a serious dispute, or their CC&Rs are unreasonable, but they refuse to amend them. In cases like these, ask an attorney to help you take legal action against your HOA. Through the process of filing a lawsuit, a court may force the HOA to follow its own CC&Rs or remove any that they find unlawful. 

  

No matter which steps you’ve already taken in dealing with an HOA dispute, you can ask for help from an attorney at J.P. Coleman Law, LLC, Attorneys at Law. Located in Robertsdale, AL, these lawyers are extremely familiar with local housing laws and will ensure that your issue is addressed thoroughly and fairly. They also offer help with estate planning and probate law, allowing you to figure out how to take care of your home and its assets once you’ve finished defending it. For details about their services, call them today at (251) 947-6247 or message them online

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