Condominium Owners Have Limited Protection Against Their HOA Board

 Posted on December 00, 0000 in HOA Issues

When condominium owners purchase a unit and pay their HOA dues, they rightfully expect that the Association will hold up their end of the contract. Unfortunately, this is not always the case. Even more concerning is that condo owners often have the deck stacked against them when it comes to resolving civil disputes with an HOA. For this reason, it is important that owners know and understand their rights, limitations, and most plausible course of action when an issue arises.

Withholding HOA Dues to Force Association Compliance

Seven years ago, an Illinois woman entered a civil suit with her HOA board. She wanted to sell her condominium, but the HOA allegedly refused to repair a leak that was causing damage to her property. She began to withhold her dues in hopes of forcing compliance, but it all ended up backfiring. Not only did she fail to win her case, she was forced to pay her own legal fees, her Association's legal fees, and the past due HOA fees. She also ended up making the repairs herself.

Her case also set a precedent. It assesses that HOA dues must be paid, regardless of the circumstances. This remains true, even when the Association fails to repair or maintain common areas, or refuses to pay for damages directly caused by their breach of fiduciary duty.

Condominium Owners Burdened with Proof of Malice, Gross Negligence, or Fraud

If the forced compliance of HOA dues is upsetting to you, as a condominium owner, then learning that a breach of fiduciary duty is extremely difficult is probably enraging. Unfortunately, this is the case right now. In fact, the bar is set so high for a breach of duty right now that a condominium owner typically needs to prove their HOA committed fraud, gross negligence, or malice to win their case. This is because, in the eyes of the law, the board member's decisions and actions are automatically presumed to be made in the best interests of their owners and community. That is why there is a board, after all. Yet, this is not always the case.

Protecting Your Rights as a Condominium Owner

Condominium owners may be at a disadvantage in disputes with their HOA, but the seasoned Naperville real estate attorneys at Lindell & Tessitore, P.C. can help to level the playing field. Dedicated and experienced, we will aggressively represent you in your case. In every situation, we pursue the most favorable outcome possible. Schedule your consultation by calling 630-778-3818 today.

Sources:

http://www.chicagotribune.com/classified/realestate/ct-condo-law-met-20160228-story.html

http://www.loopnorth.com/news/condo0822.htm