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Posts tagged "Homeowner Association Law"

What to do when residents want to change association bylaws

Running a homeowners association is not an easy thing to do. It is impossible to keep all residents happy all the time. In fact, some HOAs in Missouri may find themselves dealing with residents who want to change certain things, such as the bylaws. How can a situation like this be handled?

Using an HOA lien to collect unpaid dues

Homeowner associations serve a valuable purpose -- they keep neighborhoods beautiful, clean, safe places to live, as well as manage community funds. Unfortunately, there are many HOAs in Missouri and elsewhere that find themselves dealing with residents who refuse to pay their monthly or yearly dues. When this happens, HOA boards can take specific actions to seek payment. Filing an HOA lien against a resident homeowner is one option, though it is typically used as a last resort.

Three ways to enforce HOA rules and regulations

Homeowners associations exist to keep residential areas safe and looking their best. Unfortunately, not all residents of neighborhoods with an HOA agree with all of the rules and regulations, or they may be unaware of specific rules because they failed to read the community covenants, conditions and restrictions declaration given them upon move-in. When a resident fails to follow the CC&Rs, there are three ways HOA boards in Missouri can enforce the rules.

When an HOA faces a personal injury claim

Did a homeowner or his or her guest get hurt while utilizing common space in your community? Are you or the homeowners association you volunteer for facing a lawsuit because of it? In Missouri, when an HOA faces a personal injury claim, it and its board members can take steps to fight or settle the matter as quickly as possible.

What does a Homeowners Association regulate?

In Missouri, many neighborhoods have a Homeowners Association (HOA). These associations help keep communities coherent, manage funds, and can even determine the outward appearance of a neighborhood. Unfortunately, because HOAs essentially "manage" the neighborhood, you could find yourself running into disputes with your resident homeowners if you are part of it.

What rules can't a HOA enforce?

A homeowners' association (HOA) can add a lot of value to the life of residents. However, HOAs must also adhere to certain rules and regulations to ensure they don't run afoul of the law. Realtor.com offers the following examples of unenforceable rules that all HOAs should steer clear of.

Be aware of common HOA violations

Are you among the many Missouri residents who enjoy living in a master-planned community? If so, chances are you have a homeowner’s association. This entity’s rules help keep the peace between neighbors. It also prevents properties located within its boundaries from becoming eyesores. At Stephen A. Martin, Attorney at Law, we often assist HOAs in protecting the interests of the community.

What should you expect from your HOA?

There are many advantages to living in an area that has a homeowner's association in Missouri. Such an organization can establish guidelines for you and your neighbors who reside in the community. These rules can help to maintain a place that is aesthetically pleasing, mutually beneficial and in accordance with city-sanctioned laws. 

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. 

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