- About a Homeowner’s Association
A Homeowner’s Association (HOA) is typically a non-profit organization that is governed by an elected board and works to maintain a residential community. The HOA sets rules in governing documents, and community residents must follow those rules to remain a part of the neighborhood.
If you are part of an HOA, here are some common legal problems you may be facing:
- You are part of an HOA that needs help collecting unpaid assessments
- You are part of an HOA that needs help placing liens on properties that are not paying HOA dues
- You are part of an HOA and need help drafting by-laws or restrictive covenants
- You are part of an HOA that needs help enforcing its by-laws or restrictive covenants
How Kepple Law Can Help
At Kepple Law Group, our attorneys are experienced in helping Homeowner’s Associations draft governing documents and enforcing its provisions. Kepple Law is experienced in resolving disputes with homeowners through settlements and litigation.
We are also able to guide homeowners in a dispute with their HOA. If you decide to take legal action, Kepple Law attorneys are experienced in real estate disputes and can help you take the action needed to settle the problem. Every case is unique, so it is important to work with an attorney who is intimately familiar with state real estate laws.
If you have attempted to work out a situation with your Homeowner’s Association and have been unsuccessful, it may be time to turn to a Homeowner’s Association attorney. On the other hand, if you are an HOA working to set your regulations and determine what is and is not legal for a tenant to do, we are here to help.
Grounds for Legal Action
Both HOAs and tenants should be aware of the following grounds for legal action:
- Harassment or discrimination – These include any rules based on race, ethnicity, marital status, how many children you have, etc.
- Contract violations – The HOA is subject to its own rules set in the contract, so it has to follow them.
- Misappropriation of funds – If the money spent on HOA fees is being used in frivolous or inappropriate ways.
- Remodeling disputes – Situations like the HOA denying your decision to add a room to a condo, if the Covenants, Conditions and Restrictions do not prohibit it.
- Repairs – Because you are paying your HOA dues for certain services, slow response to repairs may warrant a lawsuit
- Late payments – If a homeowner is running behind on payments or refuses to make payments, an HOA can take the homeowner to small claims court
At Kepple Law, we advise clients in the communities of Peoria, Pekin, East Peoria, Morton, and Washington. Our attorneys can help you sort through your HOA legal concerns. Give us a call at (309) 282-1545 for individual assistance.