The only affordable and accessible dispute resolution process for homeowners is our costly, litigious and time consuming court system. This matches the homeowner's limited resources against the HOA's unlimited financial and legal resources: guess who normally wins. Several state sanctioned studies have recommended a dispute resolution process be set up in the State's HOA Office but have consistently been rejected by the Legislature. Learn more about this issue.
HOA Rentals, Absentee Landloards and HOA monthly fees: HOA's permitting rentals should take measures and include such controls in their governing documents to ensure part of the renters monthly payment automatically goes to the HOA or an automatic payment is set up with the landlord to pay such dues. Abusive speculators and renters are known to collect rent and not pay HOA dues.
HOAs are supposed to be managed by the Board but in fact nearly all are managed by the HOA's property management company. Unfortunately, property managers are not licensed and this $2 billion a year industry has no State oversight. Most homeowner complaints can be traced back to the direct or indirect involvement of the property management company. With no State oversight of HOA or these companies and no place for homeowners to dispute issues with the Board other than our costly court system, HOA homeowner rights in State HOA laws or an HOA's governing documents are at best difficult to enforce. HOA Boards should not allow managent companies to act in their behalf or operate with little oversight.
Some HOAs rely on fines and fees income to pay for administrative and other expenses. This leads to an overly aggressive fine imposition polcy costing home owners and bringing about dissention between home owners and their HOA Boards.