Living in a community governed by a homeowners association (HOA) means sharing certain responsibilities and agreeing to follow community rules. However, disagreements can arise when you believe an association is overstepping its authority or when it claims you have violated your obligations. In some situations, these disagreements can escalate into legal action. Understanding when an HOA can take you to court can help you recognize the potential consequences of a property dispute.
Here are some circumstances that could lead to a lawsuit.
Unpaid HOA assessments
An HOA may take legal action if you fail to pay required dues, common charges or special assessments. Depending on its governing documents, the association may pursue a collection lawsuit or place a lien on your property to recover the unpaid amount.
New York Real Property Actions and Proceedings Law Section 2010 also requires an incorporated HOA to give you at least 90 days’ written notice before starting a foreclosure action to enforce a qualifying lien. The notice must identify the property and state the amount you owe.
Violations of community rules and restrictions
An HOA may sue if you repeatedly violate enforceable community rules or restrictions attached to your property. For example, you might make unauthorized exterior changes, use your property for a prohibited purpose or neglect maintenance required under your community’s governing documents.
If these actions violate valid restrictions, the association may ask a court to order you to correct the violation or stop the prohibited activity.
Limits on an HOA’s right to sue
An HOA cannot take legal action simply because its board disagrees with your choices. Its authority must come from its governing documents and applicable New York law. For example, an association may lack grounds to enforce a restriction that does not apply to your property or impose a fine that its rules do not authorize.
Protect your property rights during an HOA dispute
Whether an HOA claims you owe money or violated community rules, the basis for its legal action matters. Review the association’s governing documents and any notices you receive to understand its claims. If you face a lawsuit or threat of legal action, an attorney can review those records, explain your rights and help you evaluate your options. Legal guidance can help you address the dispute while protecting your interests as a property owner.