Queens was once known for having a high rate of renters, but that is slowly beginning to change. The rate of Queens residents who purchase their own homes has slowly been increasing in recent years. Many of these homeowners are subject to the rules of an HOA, and they do not have the right to do whatever they want with their own property. They are also subject to certain rules that they must follow, or else they can face drastic consequences that can include fines and even potential foreclosure.
You may need the help of an HOA real estate attorney when you are involved in a dispute with your board to protect your legal rights. Here are some common HOA disputes in Queens, how to prevent them from happening, and what to do when they occur.
The HOA has the power to assess fees on homeowners in a number of ways. First, as a homeowner, you will need to pay a monthly maintenance fee, which is used to pay for charges related to the overall property and common areas. Second, the HOA can levy a special assessment to cover certain repairs if the homeowners have approved it pursuant to a vote. The HOA can undertake collection actions if you do not pay your fees. They can even place a lien on your property. There may be disputes about how much you need to pay the HOA and whether you have an outstanding financial obligation.
The HOA has numerous rules that homeowners must follow, and there are consequences for violating them. The most common way an HOA can enforce their own rules is by assessing fines against homeowners. These fines must be laid out in the HOA’s bylaws. The HOA must strictly comply with their own rules when they assess these fines because they have bylaws that lay out what they can do under the circumstances.
The consequences for you can be drastic if you are facing an escalating level of HOA fines. There may be a lien on your property, which can complicate any potential sale. There is a chance that you can even face foreclosure on your property.
Even though you own your home, you still have some constraints on what you can do with it. You do not have an unlimited right to make changes to your home as you wish. While you may be able to paint your home inside any style and color that you wish, certain changes to the appearance of your home’s exterior will require approval from the HOA, and they do not always give it if they feel that it may impact the overall appearance of the community or affect the value of other properties. However, the HOA may be unreasonably withholding their own approval of your proposed change, and you can take them to court.
Your complaint may be against the HOA, as opposed to them raising issues about you. As a fees paying homeowner, you have the right to expect the HOA to perform certain services on the property. They are responsible for the upkeep of the overall property, and they must maintain it in a certain condition. However, the HOA may not be doing their job as you expect and as required by the terms of your agreement with them. You may need to take legal action against the HOA to force them to make certain repairs.
You or a family member may have suffered an injury while you were on HOA property. The HOA may be held legally responsible for injuries that occurred in common areas when they happened due to the lack of maintenance. In other words, the HOA can be sued for a slip and fall or any other premises liability accident, the same as any other property owner. You can file a personal injury lawsuit against the HOA if you are unable to resolve your dispute.
Sometimes, you may be able to prevent disputes with your HOA from either happening in the first place or from escalating to a lawsuit by proactively communicating with them. Some disagreements are the result of a misunderstanding, and they can be resolved through a discussion. In other instances, the HOA may come to learn that you are keenly aware of both your legal rights, the fact that they are violating them, and they can back down from a dispute.
In either event, engagement, and communication are essential to see if the dispute can be resolved. It takes two parties to be willing to resolve the dispute. If the HOA is taking a hard line, and they refuse to engage in dialogue with you, they are increasing the chances of a lawsuit. It’s always best to have a trusted HOA lawyer to be your advocate.
Even though an HOA has some level of authority and the right to enforce their own rules, they do not have absolute power. They must follow their own procedures, and they cannot violate your legal rights. If your HOA is in the wrong, you can stand up to them. Not only can you use the courts to keep them from taking an illegal action, but in some cases, you can sue them for monetary damages.
You have the right to due process in court, but you must initiate legal action in certain circumstances. It’s always best to contact an experienced HOA attorney to ensure your rights are protected.
If you find yourself in a dispute with your HOA, or you have any legal issue involving them, reach out to a Queens homeowners association lawyer today. Attorney Ariel Poltielov can review your situation and explain your potential legal options during a free initial consultation.
You can schedule an appointment to speak with an experienced HOA attorney by visiting our website or by calling us today at (718) 520-0085.
