Homeowners Associations and Government

Can the government get involved in resolving homeowners' association disputes? The answer depends on the issues involved in the disagreement. For general resident-association disputes, most government agencies are unlikely to step into a dispute between residents and an association.

For example, in New York, there is no government agency that can help homeowners who are having a problem with their homeowners' association (HOA).

Government Intervention for HOA Disputes

That does not mean governments are never able to get involved. When homeowners associations clearly overstep their bounds, the government does sometimes step in. In June 2005, Colorado passed a measure known as Senate Bill 100, which prohibits homeowners associations from adopting rules that prevent residents from displaying the American flag or political signs. It also limits the availability of foreclosures and requires HOAs to give potential buyers a copy of the rules that govern the CID.

One reason government agencies are reluctant to get involved with these disputes is that often for every one resident who has a complaint about a particular rule there are dozens of residents who value that rule. Many people choose to live in a community that guarantees them a sense of structure and uniformity, because along with structure and uniformity also comes security and peace of mind.

Deliberate vs. Inadvertent Violations

Many HOA residents choose to live in a certain community because they value a neighborhood with clear regulations. However, most residents would say that there is a difference between a resident who inadvertently violates a CID rule and one who deliberately does so.

Unfortunately for some homeowners, overzealous HOA board members can be too strict in enforcing accidental violations. Even if a violation was minor or unintentional, the HOA may go too far and take all possible action against the homeowner, regardless of intent.

Legal Help For Dealing With Your HOA

Even if the government won't take action to help you handle your HOA dispute, you may have other legal options. A property law attorney with experience dealing with HOA disputes can help you take on the HOA to protect your rights and property interests. Contact a property law attorney near you.