Incompetent HOA's (fees, costs, attorney, homeowners)

[bluskyz]

I purchased my existing residence seeking a community with a HOA. The by-laws met my approval and all seemed to be well.

That is untill the bylaws began to be trampled by a close neighbor. Many calls to the Pres. and a few directors have been unsuccessful. The offending neighbor goes along--getting progressively more offensive--and clearly in violation of the bylaws.

Exactly what recourse do I have as a homeowner? The HOA has chosen to defame and ignore the resident complaintant in favor of the wrong-doer!

Your suggestions on this matter will be greatly appreciated.

[2bindenver]

Sounds like a legal question to me.

[garth]

Definately it's a legal question that is best served by a real estate attorney. Pending that action, have you read all the sections of your CCRs? I'll bet you might find your answer there.

For example, there should be a section discussion what party may enforce the CCRs. Other than the HOA, you may find a section that also empowers each individual homeowner to enforce violations of the CCRs.

In other words, if your CCRs have this section in it, you can enforce them outside of the HOA. You can sue the violator, get an order demanding compliance, and get your costs paid or a lien on the violator's home if you win. If you lose, you'll likely have made lots of enemies in the neighborhood and will probably have to pay the violator's attorney fees.

However, please don't take what I wrote as gospel. You need to get some professional advice. Then you can decide if it's worth your time, effort and money.

[Iggier]

In some states, HOA officers are legally bound to enforce CCRs and bylaws. Thus, homeowners have the right to force HOA action through legal means. As noted in earlier replies, consult a real estate attorney.

[middle-aged mom]

What exactly is this neighbor doing that tramples the bylaws?

Bylaws typically regulate the HOA organization, not homeowners.

Do you mean rules?