Homeowners Association Dispute

South Carolina Homeowners Association Dispute | Charleston HOA DisputesMany residential real estate homeowners have more involvement with the Homeowners Association than they realize, which may make some homeowners unaware of the policies they must follow and create room for a potential Homeowners Association dispute. Homeowners may fail to meet the exterior home expectations and challenge the Homeowners Association for failing to notify residents of changes in neighborhood codes in a timely manner. These codes can range from permissible exterior paint colors to noise ordinance violations to solar panel installations, all of which may entangle a homeowner into a Homeowners Association dispute.

Some Homeowners Association covenants grant the organization the right to enter residential property for inspection, which has sparked some Nuisance and Trespass claims. Even some real estate litigation may involve the Homeowners Association to testify on boundary line disputes and easement disputes as the organization may have relevant policies for these very types of issues. In short, a Homeowners Dispute could arise from any challenge of a homeowner to the organization’s policies and their enforcement of these policies.

While sometimes a Homeowners Association dispute may arise from residential violations of their codes, many Homeowners Association disputes actually originate from the organization’s infringement of their own policies. Many of these Homeowners Association disputes can categorized either as a breach of real estate contract or a breach of fiduciary duty. A breach of real estate contract would occur if the organization fails to upkeep neighborhood amenities, mismanages funds, or delays the completion of their duties. Meanwhile, the latter contractual breach would transpire if the organization fails to fulfill expressed or implied obligations. Some instance of budgetary mismanagement could also be charged with negligence claims. Our Charleston real estate litigation law firm provide legal counsel to individuals, professional and families in handling any legal matters that might arise from a Homeowners Association dispute.