| Copyright 2005-2007 All Rights Reserved Charles E. Marunde & FreeRealEstateLaw.com |
I've often said that if I was moving into a neighborhood, one of the most
important items on my due diligence checklist would be the Homeowners'
Association, whether its documents are well drafted and administered properly,
whether the board is well organized and staffed with qualified and
REASONABLE homeowners, whether there are regular disputes with the board
or among members, and especially whether there are disputes currently or in
the past regarding assessments. I have seen disputes so nasty that
homeowners actually sold out and left in disgust. These four key resources
below are intended to education and encourage homeowners and board
members to know their responsibilities and to conduct themselves
REASONABLY. Of course, you cannot do anything about dysfunctional
behavior, and we have a few tips for you even on that subject. Few Associations
can afford the legal fees of litigation. What homeowner willingly pays increased
assessments to pay legal fees when there is no apparent benefit?
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| It is unfortunate, but conflicts among homeowners on issues of assessments and covenants, and battles with the board of directors are far more common than people realize. These disputes create tremendous stress and interrupt peace in the community. |
There is far more trouble among
Homeowners' Associations than most
people ever know. As a real estate
attorney, I was constantly seeing these
problems around the State of
Washington. They typically involve
ugly disputes between neighbors, who
will never speak to each other again.
They often involve dictatorial
Association Presidents, but not always.
They very often involve assessments,
and either excessive assessments or
charges based on illegal or terribly
drafted real estate documents,
including covenants, articles, bylaws,
and various amendments and
numerous ambiguous documents
drafted by association board members
with zero legal education or training.
Homeowners' Associations than most
people ever know. As a real estate
attorney, I was constantly seeing these
problems around the State of
Washington. They typically involve
ugly disputes between neighbors, who
will never speak to each other again.
They often involve dictatorial
Association Presidents, but not always.
They very often involve assessments,
and either excessive assessments or
charges based on illegal or terribly
drafted real estate documents,
including covenants, articles, bylaws,
and various amendments and
numerous ambiguous documents
drafted by association board members
with zero legal education or training.
Read some of the case law to get a flavor
for the kinds of disputes and issues that
are common.
for the kinds of disputes and issues that
are common.
Homeowners' Associations are often filled
with rancor and contention, and meetings can
take on the aura of a rough and tumble
basketball game.
with rancor and contention, and meetings can
take on the aura of a rough and tumble
basketball game.