Why do so many owners need to hire an attorney?

You're correct that there are some problems that may elevate to the the point that an attorney is necessary, but you're also right this doesn't have to be the case. It's not just a board acting petty or are on a massive power trip - sometimes homeowners so.ply do not understand or refuse to accept the rights and responsibilities that come with living in a HOA.

To wit - yes, you do have To pay your fair share of assessments in full and on time. Yez, there are some instances where you do need prior approval before making an exterior change to your home. Yes, the parking space in and around your community may be limited and so you will have to share with other residents.

And yes, reading the documents can be a chore because they're written by attorneys who know the words shall vs. may (not to mention a few more words and phrases) may turn a legal question on its head. That's why there isn't a statute that covers each and every scenario in HOA land. communities change and people change and while it helps to review the documents every 5-7 years with your association attorney to see If you're need updating, there are times when everyone needs to calm down, think before they speak and use common sense.

Unfortunately, we live in a time where fewer and fewer people want to give careful consideration of community ity issues or anything and want their way because it's what THEY want and to help with everyone else. This is so where education comes into play - homeowners have got to do some research before they but she understand what HOA living will mean. It's not just about reading the documents, you should talk to a few of the neighbors to see how they like living in the community and how much they know about what the board is doing.

Be careful of a community where no one has a clue or everyone says things like "oh, I don't get into that stuff - I just pay the fees and as long as they don't go up too much, the board can do whatever they like.". Likewise, give two side eyes to board members who can't give you a straight answer as to why they voted a certain way or seem to defer to one of two colleagues All. The.Time because they're incapable of thinking for themselves. The meglamaniacs are also to be avoided because there could be something very nasty brewing that you may not find about until it's too late.

As for the legalese, I personally won't go that route unless it's something critical and then I want to have a better than 70% chance I'm right. Sometimes people to from zero to 1000 because they're too lazy to read the documents themselves and expect slapdash answers to serious questions. Or accept reality, whatever that is.

I think part of it is that most of the new people posting questions here are having problems of some sort, or think they are. If you form an opinion about HOAs and COAs just based on this, you'll think they're cesspits of incompetence, malfeasance, and general disgruntlement. We're not hearing from those who are more or less content with things. Finally, there are just so many more HOAs and COAs nowadays, and the numbers continue to rise. So an increasing number of your acquaintances will have personal experience with them and you may hear more horror stories.

I have managed over120 associations over the past 12 years. I have never had a homeowner threaten legal action against any of those associations, because I made certain the clients were transparent and provide information promptly when requested.

I have belonged to three HOAs/COAs now. Serious, costly mistakes by boards at all three over five or so years were usual. Consequently, with my sample size of a mere three, I tend to think the negativity about HOAs/COAs posted here is the rule. And the exception is the well-run HOA/COA. I do think there are well run HOA/COAs out there.

Assuming the posts here are representative of the thoughts of HOA/COA directors and members nationwide, then I think the biggest problem is a lack of critical thinking skills. One can see it in the way people respond (or mostly, do not respond) to questions from the long-time posters here. Repeat posters often won't bother to look up and then read the two state statutes that typically apply to their HOA/COAs, even when told repeatedly in different threads to do so. They are largely incapable of keyword searches of their state's applicable statutes. (Maybe because knowing the right key word requires a lot of experience and critical thinking all by itself?) They're put off by the idea of having to read and think. Doing so is too much work. I do not see the same extent of, frankly, illiteracy in other online forums or even in the comments of national newspaper sites. Teach people to fish vs. giving folks fish? Even regular posters here just want to be given fish. Which is often a fool's errand, because the nuance and inability to communicate all the relevant details means said fish may not have much value.

Also it seems to me that this site sees a lot of posts from folks who speak English as a Second Language. They're battling with basic English vocabulary. Try to teach them some legalese, and they are doomed in their efforts to have a rational exchange with their boards. Likewise the Boards trying to communicate with ESL folks can quickly become frustrated, because of the language disconnect.

I do not have a solution. I sympathize with both sides in a dispute when it's clear that lack of a common first language is a barrier.

Maybe the main value of this forum is letting people vent and know they are not alone in their frustrations with either a HOA/COA's membership or a HOA/COA's board. Somehow psychologically this helps. Perhaps the chance to be heard and understood can be everything in helping people avoid suffering.

All boards need people like you as directors. I wish you were on my board.

I find it hard to believe no owner ever threatened to sue. I say threatened, not actually did. There had to be a few Aholes along the way.

hi,

what other recourse does one have, if HOA is not/has not maintained common area drainage, to the degree it has damaged your property? And you are disabled and lack of maintnance is affecting your ability to use your property?

I believe many posters are ones that feel they have an issue with their HOA and are looking for advice. I believe most of them are new to association living and few of them actually end up getting legal help. Those seeking/getting legal advice are an infinitesimal amount compare to the many that live in an association.

I also believe many new posters are shopping for answers they want to hear and end up do nothing.