Stephen A. Martin, Attorney at Law
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Can the government get involved in an HOA dispute?

If you hold a position of authority in a Missouri homeowner association, you may have concerns about the possibility of government overreach. In other words, if a dissatisfied homeowner makes an appeal to the government to resolve a dispute or challenge an association rule, you may have concerns that the government will step in and undermine your autonomy. 

However, you usually have very little, if anything, to worry about in that regard. According to FindLaw, while the laws vary by state, most governmental bodies recognize that the structure of a common interest development, including the rules and regulations, is a big part of the appeal for its residents. In fact, for many association members, the regulatory provisions in place may have been a significant reason for their choice to purchase property as part of a CID. For this reason, state governments are typically reluctant to do anything to take away the authority of a homeowner association by getting involved in disputes. Such actions could fly in the face of the wishes of the majority of association members and lead to many unhappy residents.

Nevertheless, even if the state government is reluctant to involve itself in HOA disputes, sometimes it may decide that it is appropriate to do so under particular circumstances. If your homeowner association imposes rules that are illegal, unfair or otherwise represent an overstep of its authority, the government may deem it necessary to intervene. 

The information in this article is not intended as legal advice but provided for educational purposes only.

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