HOAs might have regular disputes arise with homeowners. It is almost expected when business both affects where people live and their most valuable asset they own. Some of these disputes even end up in court. Not every HOA disagreement has to reach the stage of a lawsuit.
Running an HOA and dealing with homeowners is never an easy task, especially when there is a diversity of opinion. Residents may invariably object to what an HOA does. They may come to a meeting and argue against an HOA decision or seek to rally other homeowners against the board.
Try to Negotiate to Avoid Court
Even though it may be difficult and frustrating, the HOA should engage dissident residents to try to reach a resolution to any disputes. Some problems can be worked out by talking. California law allows homeowners to sue the HOA under certain circumstances. Even if the homeowner does not prevail in the end, the HOA must spend time and incur legal fees to deal with the lawsuit. This does not even account for the increased tensions that could roil the entire HOA. To the extent that the board can negotiate a solution, it should make every effort.
However, this is not to say that an HOA should not hold the line and give in to homeowners who may not have a leg on which to stand. There are some times when an HOA has to go to court. Otherwise, they would not be able to govern. Nonetheless, this should not be the first choice.
California HOA Board Lawyers
Call the attorneys at Pratt & Associates at 408.369.0800 or contact us online to get legal advice about your HOA dispute. We have offices in San Jose, CA, Campbell, CA, Mountain View, CA, Sunnyvale, CA, Santa Clara, CA, and Cupertino, CA.