Towson, Maryland HOA Lawyers

Attorneys Addressing Legal Issues Related to Homeowner Associations in Towson

A homeowner association will set standards to help maintain property values in a neighborhood while also managing common areas that residents share and collecting assessments. When an HOA operates effectively, it can serve as an asset to the community. However, when rules are enforced inconsistently, when assessments are levied incorrectly, or when disputes arise, these issues can lead to difficulties for both an association and individual property owners.

At Fox & Moghul, we work with HOA boards and property owners to resolve disputes that they may encounter. We can also help HOAs put the proper documents and procedures in place to ensure that they operate correctly. Our goal is to resolve HOA issues in ways that will protect our clients' interests and serve their communities.

Disputes Between HOAs and Property Owners

When homeowners become involved in conflicts with HOAs, these disputes can affect property values and lead to ongoing issues that may impact an entire neighborhood. Our attorneys can work with clients to determine how to handle disputes related to matters such as:

Enforcement of HOA Rules

HOA boards have the authority to enforce certain rules and restrictions. However, disputes may arise when property owners believe that an HOA has exceeded its authority or taken action that caused them to suffer harm. In some cases, homeowners may receive notices of violation in situations where they do not believe that they actually violated any rules. They may argue that they were not properly notified about violations or that an HOA board has overlooked similar violations in other parts of the community.

Selective enforcement is a common issue in HOA disputes. A homeowner may claim that they are being targeted unfairly and that an HOA has penalized them for certain actions while ignoring other types of violations committed by others. Our lawyers can help homeowners challenge enforcement decisions that exceeded an HOA's authority, or we can help HOAs respond to claims of inconsistent enforcement or unequal treatment.

Architectural Review and Property Modifications

When property owners make plans to modify their homes or make other changes to their properties, they may be required to submit these plans to an HOA for review. The HOA may determine whether new construction on a home, additions like decks, changes to paint colors, new structures like sheds or fences, or adjustments to landscaping are permitted under the association's rules. This process is meant to maintain consistency and visual appeal in a community while preventing issues that could result in reduced property values.

An HOA may need to address a situation where a homeowner makes modifications without approval. Enforcement action may be taken, including the requirement to remove improvements or modifications at a homeowner's expense. A homeowner whose application for a modification has been denied may believe that the decision was arbitrary or that it was not consistent with the HOA's rules or the ways similar improvements have been handled in the past.

Our attorneys can help associations ensure that architectural standards and other rules are applied consistently and address situations where property owners commit violations. We can also provide representation for homeowners in cases where requests have been denied or HOAs have taken enforcement actions.

Common Area Maintenance and Use

An HOA will have an obligation to maintain common areas, which may include parks, walking paths, parking lots, pools, clubhouses, or landscaping. Disputes may arise when a homeowner believes that an association has not maintained these areas correctly, when a person faces unfair restrictions on their use of common areas, or when property is damaged or loses value because of poorly maintained common areas or other related issues.

Our lawyers can provide guidance to associations to ensure that they will be able to meet their maintenance obligations. We can also work with property owners to address harm they have suffered because an HOA did not maintain common areas or placed improper restrictions on these areas.

Legal Issues for HOA Boards

Our attorneys can advise homeowner association boards on their legal obligations, make sure they create the legal documents needed to operate successfully, and address specific concerns that may arise while operating a community association. The bylaws and covenants, conditions, and restrictions (CC&Rs) will detail how an association is structured, how common areas will be handled, how assessments will be calculated and collected, and how rules may be enforced. We can help ensure that these documents meet all legal requirements and include clear, enforceable terms.

We can also provide guidance on service contracts with vendors for services such as landscaping, snow removal, pool maintenance, and security. A service contract that does not clearly define the scope of work, the performance standards, the payment terms, the duration of services, and the options for terminating the agreement can lead to legal disputes or other issues that could affect an HOA. Our lawyers can negotiate service contracts, address potential risks, and make sure services will be provided to the people in a community.

Assessments are the financial lifeblood of an HOA, and they will ensure that maintenance can be performed on common areas and other types of services can be provided. When homeowners fall behind on assessments, an HOA can take legal action to collect the amount owed. Liens may be used in these cases, and an HOA may be able to pursue foreclosure when necessary. Our attorneys can help ensure that HOAs follow the proper assessment collection procedures while complying with the applicable laws.

Resolving HOA Disputes

HOA disputes can be resolved through several methods. Internal dispute resolution procedures may be followed by holding hearings before an HOA board or committee. This will often serve as a first step before formal legal action may be taken. Mediation is another option that may help an HOA and a homeowner avoid the costs and delays involved in litigation. In some cases, mediation may be required by an HOA's governing documents.

When informal resolution methods and mediation are not successful, litigation in court may be necessary. A court may take steps to enforce governing documents or overturn any terms that violate the applicable laws. Courts may also award damages to property owners for losses that occurred because an HOA failed to meet its legal obligations or took actions that caused a person to suffer harm. Our lawyers can provide representation during every stage of the dispute resolution process, helping clients protect their interests and achieve their goals.

Contact Our Towson, MD HOA Lawyers

Legal representation can be invaluable for HOAs that encounter legal issues or homeowners who need to resolve disputes related to their properties. At Fox & Moghul, we work with clients to make sure their rights will be protected in these matters, and we will work to resolve any disputes that may arise. Contact our Towson homeowner association attorneys at 301-409-5316 to arrange a consultation.