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Posts tagged "Homeowner Association Law"

What should residents know about your HOA?

If you are a HOA representative, you probably have experience with Missouri homeowners contesting the rules of your HOA. Even though newcomers may appear to give homeowners’ association rules a good review before they buy a home in a HOA neighborhood, it may not be long before new residents chafe at the requirements. One way to cut down on conflict between homeowners and your HOA is to make sure new homeowners are aware of how your HOA operates and what it requires before they move in.

Understanding HOA laws and governance

If you are looking to buy a new home in Missouri, you may well be considering a property that is part of a homeowners' association. If so, it will be important for you to understand how the laws and governance of this HOA may affect your home ownership and responsibilities. An HOA is about a lot more than just paying dues and having common property cared for. 

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. 

Filing articles of incorporation

Neighbors in Saint Charles may want to bad together to set standards for their communities through a homeowners association, yet may not want to have to tackle the complexity that comes with incorporating with the state. The danger in this is that if an unincorporated HOA is sued, each member can be held personally liable (as opposed to limiting liability to the Board of Directors). Plus, with the state paving the way for such groups to incorporate as non-profit organizations (per Section 355.025 of Missouri's Nonprofit Corporation Law), why would homeowners not want to enjoy the advantages that come with such a distinction? 

Starting an HOA

Much of your home's value is tied to the condition of your neighborhood. Maintaining a high standard requires constant communication with those that live around. Such communication can be facilitated by establishing a homeowners' association. Yet many come to members of our team here at Stephen A. Martin Attorney at Law Believing that such organizations can only be started by developers or community planners. In reality, any group of neighbors can start their own HOA if they follow the right steps. 

What can’t an HOA enforce?

While homeowners’ associations (HOA) in Missouri can require individual homeowners to stick to certain rules, there are some areas that are simply out of their purview. Steering clear of making unenforceable regulations is important from a legal perspective, as doing so could result in a costly and time-consuming lawsuit. In this case, Realtor.com offers the following examples of what an HOA cannot do.

HOA fees and credit reports

People who own units in townhome and condominium developments in Missouri must join the homeowner's association. Even many people who own single family residences find themselves members of HOAs. These groups provide oversight to many elements in a neighborhood and say that they help to maintain property values for homeowners. In turn, homeowners must pay regular dues to these associations.

Is there a right way to complain to your HOA?

When you live in a shared community, there are many valuable benefits that you get to enjoy including things like access to public amenities and assistance with maintaining the grounds around your residence. Often, these areas are governed by a homeowner's association, otherwise known as an HOA. When you are unhappy about something that requires you to communicate your concern to your HOA in Missouri, going about it the right way can help to reduce conflict and expedite the process of finding a viable solution. 

How can I start an HOA?

Although there are plenty of homeowner association horror stories and nobody claims to like them, they continue to grow in popularity. According to Investopedia, half of all new houses in the U.S. between 1980 and 2000 were built and managed under an HOA. Typically formed by developers, homeowners in areas not governed by a community association are organizing them too. They recognize their use in handling issues such as security, ensuring property maintenance and contracting for services not provided by local governments.

Why do many homeowners fight HOAs?

As a homeowners’ association representative, you know that you fight an uphill battle much of the time with the residents of your neighborhood. The goal of HOAs in Missouri and elsewhere is to preserve the value of homes and the integrity and respectability of the community. Homeowners appreciate when their neighborhoods are kept in good repair and each property looks immaculate. However, they often make it difficult for HOAs to do the jobs that give the desired results.

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