How Can I Handle a Dispute with a Homeowners’ Association Regarding Unpaid Fees?

Question from Naia, How Can I Handle a Dispute with a Homeowners’ Association Regarding Unpaid Fees?

Answer from AI:

Understanding Your Rights and Responsibilities

As a condo owner, you are typically part of a homeowners’ association (HOA) and are subject to its rules and regulations. This often includes the responsibility to pay certain fees and respond to communications from the HOA. However, you also have rights, including the right to dispute charges you believe are unfair or incorrect.

Steps to Resolve the Dispute

1. Review the HOA’s Rules and Regulations: The first step is to review your HOA’s governing documents. These should outline the procedures for communication, dispute resolution, and the imposition of fees. If the HOA did not follow these procedures, you may have grounds to dispute the charges.
2. Document Your Situation: Gather all relevant documents and evidence related to your situation. This includes medical documentation of your ADHD and Traumatic Brain Injury, proof of your disability accommodations, and any evidence showing that you did not receive the HOA’s communications.
3. Communicate with the HOA: Reach out to the HOA to explain your situation. It may be helpful to do this in writing so that you have a record of your communication. You can ask them to waive or reduce the fees due to your circumstances.
4. Seek Legal Advice: If the HOA is not willing to work with you, it may be necessary to seek legal advice. A lawyer can help you understand your rights and options, and can represent you in negotiations with the HOA or in a legal proceeding if necessary.

Legal Protections for Individuals with Disabilities

Under the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA), individuals with disabilities have certain protections. These laws prohibit discrimination based on disability and require reasonable accommodations to be made for individuals with disabilities. If your disability contributed to your inability to respond to the HOA’s communications, these laws may be relevant to your situation.

Consult with a Legal Professional

This is a complex situation that involves specific facts and potentially several areas of law, including property law, disability law, and contract law. Therefore, it is strongly recommended that you consult with a legal professional who can provide personalized advice based on your specific circumstances.

You can find more information about your rights and responsibilities as a condo owner from the Consumer Financial Protection Bureau and about the ADA and FHA from the U.S. Department of Justice.