Homeowners Association Disputes

HOA rep arguing with homeowners

Living in a community with a homeowner’s association (HOA) has multiple benefits, but HOA regulations can become problematic for homeowners. When homeowners association disputes arise, homeowners can face complex, expensive legal issues. 

If you dispute with your homeowner’s association (HOA), you’ll benefit from a knowledgeable attorney to help protect your rights. Contact Surovell Isaacs & Levy PLC to schedule a case evaluation and learn how we can help you resolve your HOA dispute. We pride ourselves on providing skilled legal advice and effective, personalized representation tailored to your unique situation to help you through the matter. 

Helping Homebuyers Understand HOA Obligations

After homeowners sign an HOA agreement before purchasing a home in their neighborhood, they are bound to the HOA rules and regulations, and conflicts with the HOA can arise. Understanding your obligations is crucial if you’re considering purchasing a home in a neighborhood governed by a homeowners’ association. When you move into the neighborhood, you must abide by the HOA’s rules and regulations. 

Many Northern Virginia neighborhoods are governed by HOAs, especially if you’re purchasing a newly built home, a townhouse, or a condominium. Community HOA rules will likely govern many aspects of your life, including parking issues, what color you can paint your house, and whether you can rent your home out. 

Homebuying is challenging; many homebuyers don’t carefully read and understand the HOA rules. They may not realize specific rules apply to them. There are various limitations and requirements outlined in HOA contracts, which can include, but aren’t limited to, the following:

  • Parking your vehicle in the garage and not in the street overnight
  • Maintaining a well-manicured lawn
  • Keeping the exterior of the home in good condition
  • Refraining from building a fence or building a fence on your property
  • Not owning a particular dog breed
  • Obtaining advance approval for aesthetic and architectural changes
  • Painting your home a specific color

An experienced consumer law attorney can help you review and understand the HOA regulations and how they may affect your day-to-day life. Understanding the rules before you move into a neighborhood can help you make an informed decision. When an HOA is too restrictive, you may benefit from finding a home in another neighborhood. Conversely, if the rules are restrictive enough, you may have future concerns about your home value. 

What To Do If You Receive an HOA Violation Notice

Hiring an attorney is crucial if you’ve received a notice from your HOA stating you’re violating one or more rules or you find yourself negotiating a difficult rule. Sometimes, homeowners are tempted not to take these notices seriously, but doing so can be detrimental. HOA fines can escalate quickly, making it difficult to sell a home if they remain unpaid. The attorneys at Surovell Isaacs & Levy PLC can help you by taking the following steps:

  • Review the language of the relevant HOA rules
  • Check for any recent changes to the rules
  • Protest any rule the HOA has wrongly applied to your situation
  • Negotiate with the HOA board toward a compromise
  • Consider taking legal action against the HOA

HOA Violations for Failure to Pay Assessments

HOAs usually have the authority to assess fines from homeowners who violate the HOA agreement. Specifically, the HOA’s board of directors has the responsibility for enforcing the association’s rules, including the covenants, conditions, and restrictions (CC&Rs) and HOA bylaws.  When homeowners fail to pay their regular dues or fines, the HOA may place a lien on the affected property. Every HOA should have a written collections policy, but many do not. When owners fail to pay their overdue assessments or fines, the HOA may hire a law firm to enforce payment. 

Enforcing the bylaws with fines and penalties is one of the most common causes of HOA disputes, especially with new members. When members fail to accept and pay penalties because they dispute their validity, disputes can become litigious. Whether you’re a homeowner facing an unjust fee, you need help negotiating a settlement, or you’re an HOA board member, our law firm is here to help you navigate the dispute. 

HOA Litigation in Northern Virginia

HOA litigation may not be as common as other forms of commercial litigation, but claims against HOAs can be prolonged and expensive. Disputes and litigation can become divisive for the community and a central focus of the HOA board of directors. Since our founding, Surovell Isaacs & Levy PLC has represented many homeowners in HOA disputes. 

We always work with homeowners and HOA boards to resolve disputes out of court. In some cases, suing an HOA board becomes necessary. When we represent clients in court, we will work diligently to pursue a favorable outcome for our clients.

Representing HOAs and Condo Associations in North Virginia

Managing condominiums and HOAs can be challenging. When associations face issues like bylaw enforcement, dispute resolution, document amendment, and delinquent dues, working with an experienced attorney can be beneficial. Surovell Isaacs & Levy PLC has built a reputation in Northern Virginia for safeguarding community associations’ legal interests, providing creative, viable solutions, and contributing to the associations’ overall success and harmony.

Our attorneys have in-depth experience negotiating condo association and HOA disputes. We always attempt to negotiate a dispute out-of-court, but our trial-ready attorneys are prepared to litigation the dispute in court when necessary. Whether your HOA or association comprises a few units or is a large-scale community, Surovell Isaacs & Levy PLC is prepared to help ensure your association operates at its highest potential. 

Contact an HOA Dispute Attorney in Northern Virginia

HOA disputes in Northern Virginia can quickly become contentious and can result in litigation. Whether you’re a homeowner in a neighborhood with an HOA or an HOA board member, working with a skilled attorney to handle disputes is beneficial. The skilled HOA dispute attorneys at Surovell Isaacs & Levy PLC are prepared to carefully review your situation and provide you with effective legal counsel. Contact Surovell Isaacs & Levy PLC to schedule an initial consultation and learn more.