A Homeowner Association, or HOA, is an important part of many communities. To be sure, an HOA may be responsible for building and home repairs, yard and facility maintenance, snow removal, providing on-site waste collection, and more.
That being said, HOAs do not always perform their duties in accordance with the law, and in some cases, an HOA may act illegally, unethically, or otherwise inappropriately. When this is the case, the Denver HOA attorneys at Robinson & Henry, P.C. will fight aggressively to protect your rights.
When an HOA Infringes Upon Your Rights
It is up to you to protect yourself against unfair or illegal HOA practices. While things like the Fair Housing Act certainly apply to HOAs (an HOA is not permitted to discriminate based on familial status, race, religion, sex, disability, or national origin), and make discrimination illegal, government oversight rarely occurs.
Not only is an HOA prohibited from discriminating, but they are also barred from engaging in financially unscrupulous practices, including fraud and harassment. In many cases, they are also required to respond to members’ concerns, complaints, or requests within a reasonable amount of time. Maintaining areas in a safe condition is also mandatory.
These duties are not inclusive; what your HOA is obligated to do – and what it cannot do – depend on your specific HOA in many cases. The Colorado Department of Regulatory Agencies provides more information on state and federal HOA laws that may pertain to your case.
Fighting Back Against an HOA
You do not have to go up against your HOA alone, nor accept the status quo as it is. Instead, you have options and rights – a Denver HOA attorney can help you to:
- Remove an HOA member from the board;
- Take action in court;
- Inspect HOA records;
- Revoke HOA management’s registration;
- Assess the board’s fiduciary duties; and
- Review HOA policies.
Further, an attorney can help you to fight back against unfairly or inaccurately assessed penalties or fines, as well as seek damages from the HOA. Types of damages include attorneys’ fees, punitive damages, and monetary damages for your expenses. In some cases, other types of legal actions – like the enforcement of a restraining order – may also be necessary.
Contact Robinson & Henry, P.C. Today
At the law firm of Robinson & Henry, P.C., our skilled Denver HOA attorneys will fight for you. Not only will we review your case for free to help you to determine whether your HOA is acting unfairly or illegally, but we will also provide you with the legal resources you need to fight back. Contact us today at (303) 688-0944 now.