Homeowners’ Associations can come under a lot of scrutiny, which in turn, can lead to contentious litigation. These lawsuits can be costly, too. That’s why HOAs and their insurers need to be aware of common issues that spur lawsuits so that they can work collaboratively to prevent them.
Common causes of HOA lawsuits
So, what are some common issues that lead to HOA litigation? Let’s look at some of them here:
- Failure to maintain and repair common areas of the neighborhood, such as pools and parks.
- Architectural plans that are denied without proper justification.
- Disputes over the results of board elections.
- Spats over violations of the HOA’s bylaws or covenants.
- Allegations of discrimination, such as violations of the Americans with Disabilities Act when common areas of the neighborhood aren’t easily accessible.
- Accidents that result in personal injury allegedly on account of the HOA’s negligence in maintaining and repairing the premises.
- Disputes over the HOA’s restrictions on pets.
As you can see, there are a lot of ways that an HOA can get entangled in the legal arena. That’s why these entities must be proactive in developing the policies and practices that are necessary to protect against and prevent many of these issues from arising in the first place.
Defending against an HOA lawsuit
That said, even the most defensive HOAs can still end up facing allegations of wrongdoing. When this happens, you, as their insurer, need to be prepared to present an aggressive defense. This means having a command of the facts and the law.
There can be a lot of nuances to these cases, though, which is why if you want to protect your and the HOAs interests as fully as possible, then you may want to work through the intricacies of your case with the assistance of a legal professional.