A new state office in Delaware aims to become a main resource in helping to resolve conflicts between residents and their respective homeowners associations (HOAs) before the need arises to involve the courts. The success or otherwise of the initiative could have national implications, include in our state of Oklahoma.
HOA Dispute Example
Joanne Holbert’s dispute with her HOA lasted roughly 10 years, after conflict arose between her family and the HOA president. According to Holbert, Jutta Douglas, the president of the Maple Hill Homeowners Association in Delaware, refused to accept her family’s association dues as an attempt to “malign” the family. As a result, Holbert alleges that her family felt ostracized in the very community that they had called home since the 1970s.
According to the claim, the Holberts alleged that Douglas sought to label them as “deadbeats” and “freeloaders”, which resulted in mistreatment by other members of the 23-property subdivision, the affects of which Holbert likened to “post-traumatic stress disorder.”
Although the duration of this particular dispute was unusual, conflicts between residents and HOAs are not. In fact, they are quite common, with the Department of Justice’s delegated office receiving complaints on a daily basis. While many claims are legitimate, usually involving disagreements over maintenance, other claims hold less water because residents or HOA members have not read the proper governing documents.
In the case of the Holbert dispute, a court ruled earlier this year that the organization must pay legal fees, and a request for a rehearing was turned down.
Home Owners Association (HOA) Disputes in Oklahoma
There are many communities in the country that have HOAs. These include housing developments and multifamily properties, which often include some community aspect, such as a clubhouse or a pool.
If you buy a home in an area that is part of an HOA, you are required to join the association. Although the policies of the HOA agreement are disclosed prior to purchase, conflicts often arise over details or the implementation of the agreement.
As HOA policies prohibit homeowners from having free use of the property, it is important to make yourself fully aware of the rules put into place by your community’s HOA.
In Oklahoma, our business attorneys specialize in representing developers and homeowners in HOA related disagreements. It is always best to consult with an attorney regarding these matters, as the many facets to such cases call for further investigation and careful examination of relevant documents and terms.
The legal team at Rick Dane Moore and Associates effectively represents those involved in HOA dispute claims. Our team of business law experts has proven success in representing both developers and homeowners to resolve HOA disputes.
No matter what the situation is regarding your conflict, we can provide the expertise and dedication that you need to have your matter quickly resolved.
To discuss your HOA claim with one of our business law experts, we welcome your call at (405) 366-0373.