Homeowners’ Associations (HOA)
When we buy homes in communities with a homeowners’ association (HOA), we agree to an enforceable set of community standards called Covenants, Conditions, and Restrictions (CC&Rs). Of course, no one expects to have to actually resort to taking legal action to enforce those CC&Rs, but sometimes, it happens. If you are involved in an HOA dispute, either as a board representative or as a homeowner, consider seeking legal counsel from an attorney whose primary practice covers this type of issue. Whether you choose to pursue civil action or a more emphatic attempt to resolve the situation outside of the legal system, you will undoubtedly find yourself needing to exchange documents with the other side. Using a professional process server to deliver those documents will avoid opportunities for tempers to flare face to face, and it provides you with proper documentation that the paperwork was legally served.
Unpaid HOA Dues
One of the more common reasons for an HOA to take action against a homeowner is unpaid HOA dues. If you’re dealing with a non-paying homeowner, you may be required to serve notice that you intend to pursue legal action if the dues are not paid up to current by a deadline.
CC&Rs vary by community, so it’s important to review them before making changes to your home or the way you use your property. The first step toward enforcement is notifying the homeowner, specifying the points of non-compliance, and setting a deadline for compliance.
In HOAs that allow rentals, it may be necessary for the HOA to notify a homeowner if their tenant is not abiding by the CC&Rs. It is the owner’s responsibility to ensure that the tenant they bring into the HOA are compliant with the CC&Rs.
Let Process Xpress Help You Build a Paper Trail
HOA disputes can be highly contentious situations, and using a professional process server to deliver required documentation provides a buffer that may prevent the situation from worsening. The experienced professional process servers at Process Xpress will ensure that the paperwork you need is delivered promptly, and that you have legal documentation of that delivery, just in case you need it later. Contact us to schedule service, or to learn more about how our services work.