---
title: Homeowners Association Disputes
description: A comprehensive legal reference on the resolution of disputes between homeowners and their homeowners associations.
keywords: [homeowners association, HOA disputes, covenants, assessments, architectural review]
category: law
---

## Introduction to Homeowners Association Disputes

Homeowners associations (HOAs) are private, non-profit organizations that govern and manage residential communities. While HOAs provide valuable services and maintain common areas, disputes frequently arise between HOAs and homeowners regarding the application and enforcement of community covenants, bylaws, and architectural guidelines. These disputes can involve a range of issues, from delinquent assessments and fines to architectural review decisions and alleged violations of homeowner rights. 

Navigating the legal landscape of HOA disputes requires a thorough understanding of the relevant state statutes, case law, and the specific governing documents of the community. This legal reference examines the key legal principles, standards, and remedies applicable to the most common types of HOA disputes, providing guidance for both homeowners and association boards.

## Delinquent Assessments and Fines

One of the most common sources of HOA disputes is the non-payment of regular assessments or special assessments levied by the association. Under most state HOA laws, associations have the authority to impose reasonable assessments on homeowners to fund the maintenance of common areas and other association operations.[^1] Associations also typically have the power to levy fines for violations of the community's covenants or architectural guidelines.[^2]

Homeowners who fail to pay assessments or fines in a timely manner may face significant consequences, including the accrual of late fees and interest, the filing of a lien against the homeowner's property, and even foreclosure proceedings.[^3] However, homeowners have certain due process rights, and associations must follow proper procedures when attempting to collect delinquent payments or impose fines.[^4] Homeowners may challenge the validity of assessments or fines on the grounds that they are unreasonable, discriminatory, or imposed without proper notice and an opportunity to be heard.

## Architectural Review and Enforcement

Another frequent source of HOA disputes involves the association's architectural review and enforcement processes. HOAs typically have the authority to establish and enforce architectural guidelines, which may regulate the exterior appearance of homes, landscaping, and other visible elements of the community.[^5] Homeowners who wish to make modifications to their property must often obtain prior approval from the association's architectural review committee.

Disputes may arise when the association denies a homeowner's architectural modification request or when the association initiates enforcement actions against a homeowner for alleged architectural violations. Homeowners may argue that the association's decision was arbitrary, capricious, or based on unreasonable or discriminatory criteria.[^6] Associations, on the other hand, may assert that they have a legitimate interest in preserving the community's aesthetic and property values.

## Alleged Violations of Homeowner Rights

Homeowners may also bring claims against their HOA for alleged violations of their rights, such as the right to free speech, due process, or equal protection. For example, homeowners may challenge HOA restrictions on political signs, flag displays, or the use of common areas for gatherings or protests.[^7] Homeowners may also allege that the association has discriminated against them or selectively enforced the community's covenants.

In evaluating such claims, courts will typically examine the language of the HOA's governing documents, as well as the specific state statutes that govern HOA operations and homeowner rights.[^8] Associations may defend their actions by demonstrating that the restrictions or enforcement measures are reasonable and necessary to protect the community's interests.

## Dispute Resolution Procedures

Most state HOA laws and community governing documents outline specific procedures for resolving disputes between homeowners and the association. These may include internal grievance procedures, alternative dispute resolution (ADR) mechanisms such as mediation or arbitration, and, ultimately, the option to file a lawsuit in court.[^9]

Homeowners are generally required to exhaust any internal dispute resolution processes before seeking judicial intervention. Courts may be reluctant to intervene in HOA disputes unless the homeowner has demonstrated that the association has acted in an arbitrary, capricious, or discriminatory manner, or has violated the homeowner's fundamental rights.[^10]

## Remedies and Damages

The available remedies in HOA disputes can vary depending on the nature of the dispute and the applicable state laws. Potential remedies may include:

- Declaratory or injunctive relief, such as an order compelling the association to approve an architectural modification or cease enforcement of an invalid covenant
- Monetary damages, such as the recovery of improperly assessed fees or fines, or compensation for property damage or diminution in value
- Attorney's fees and court costs, which may be awarded to the prevailing party in certain circumstances[^11]

In some cases, homeowners may also seek to recover punitive damages if they can demonstrate that the association's actions were particularly egregious or undertaken in bad faith.[^12] However, the availability and scope of damages can be limited by state statutes and the language of the community's governing documents.

## Conclusion

Homeowners association disputes can be complex and contentious, with significant legal and financial implications for both homeowners and the association. By understanding the relevant legal principles, standards, and dispute resolution procedures, homeowners and HOA boards can navigate these challenges more effectively and seek appropriate remedies when necessary. Seeking the guidance of experienced legal counsel is often advisable for those involved in HOA disputes.

[^1]: See, e.g., Uniform Common Interest Ownership Act § 3-115 (1994).
[^2]: See, e.g., Nev. Rev. Stat. § 116.31031 (2021).
[^3]: See, e.g., Fla. Stat. § 720.3085 (2021).
[^4]: See, e.g., Colo. Rev. Stat. § 38-33.3-209.5 (2021).
[^5]: See, e.g., Tex. Prop. Code § 204.010(a)(6) (2021).
[^6]: See, e.g., Riss v. Angel, 934 P.2d 669 (Wash. 1997).
[^7]: See, e.g., Siesta Prop. Owners' Ass'n v. Siesta Key Ass'n of Sarasota Cty., Inc., 779 So. 2d 346 (Fla. Dist. Ct. App. 2000).
[^8]: See, e.g., Nahrstedt v. Lakeside Vill. Condo. Ass'n, 878 P.2d 1275 (Cal. 1994).
[^9]: See, e.g., Cal. Civ. Code § 5905 (2021).
[^10]: See, e.g., Levandusky v. One Fifth Ave. Apartment Corp., 553 N.E.2d 1317 (N.Y. 1990).
[^11]: See, e.g., Fla. Stat. § 720.305(1) (2021).
[^12]: See, e.g., Saunders v. Thorn Woode P'ship, L.P., 265 S.W.3d 235 (Tex. App. 2008).