![]() The CC&Rs outline the rules and regulations governing the use and maintenance of real property and homes within the homeowners association (HOA) or a planned community. Declaration of Covenants, Conditions, and Restrictions (CC&Rs) It describes the number of individual units within the community, including condos and family homes. The HOA Declaration is the legal and physical description of the entire planned community. The articles of incorporation contain the basic information about the association, including its name, location, and purpose. Here are some of the basic governing documents of the HOA: Articles of Incorporation In most cases, the rights and obligations of the homeowners' association are often outlined in their governing documents. ![]() Maintain reserve funds for emergency needs and future community projects. Maintain common areas such as green spaces, community buildings, amenities, parks, and other facilities. Review complaints and address the different concerns of residents and homeowners.Įnforce fees, penalties, and fines against residents and homeowners who violate the rules or bylaws. Organize adequate maintenance and prompt repairs. Hold meetings for the board of directors and association members.Īppoint committees and assign tasks to board members. Here are some of the duties, rights, and responsibilities of an HOA:Įstablish and approve bylaws, covenants, rules, and regulations. If you purchase a home within a community governed by an HOA, you will become a member of the homeowners association. Your legal counsel can enlighten you about the responsibilities of an HOA and determine whether you have a case. If you're involved in a HOA dispute, you should get in touch with an experienced real estate attorney immediately. The most common HOA disputes and complaints include:Ĭhildren causing physical damage to propertiesĬhildren are excessively noisy or disruptive Common Grievances Homeowners Have With Their HOA We're proud to serve clients across Middle Tennessee, with offices located in Murfreesboro, Manchester, and Woodbury. Our practiced Tennessee real estate attorneys can investigate every aspect of your unique situation, determine if you have a case, and explore your available legal options to seek relief. In such situations, the aggrieved homeowner may be entitled to take legal action against the HOA or its board members.Īt McCarter | East PLLC, we're dedicated to offering experienced legal counsel and reliable advocacy to clients in their HOA disputes and litigation matters. Such disputes may be due to maintenance delays, breach of fiduciary duty, conflict of interest, or misappropriation of HOA funds. However, disagreements often occur between the HOA and its members. In addition, the HOA board members must act in good faith and protect the community and their members. Generally, the HOA will be responsible for establishing and enforcing rules, maintaining common areas, collecting dues, supervising repairs, and managing funds. In Tennessee, individuals who own homes within the same community may come together to form a homeowner's association (HOA).
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