How to Sue Your Homeowners Association (HOA) for Failing to Enforce Its Regulations in Alabama

How to Sue Your Homeowners Association (HOA) for Failing to Enforce Its Regulations in Alabama

Homeowners Associations (HOAs) are responsible for maintaining the quality, value, and harmony of their communities by enforcing the covenants, conditions, and restrictions (CC&Rs) outlined in their governing documents. But what happens when your HOA fails to enforce its regulations, leading to violations that harm your property value or disrupt your neighborhood?

In Alabama, you may have legal recourse to sue your HOA for failing to uphold its duties. This article explains how Alabama law applies to HOA enforcement and what steps you can take to hold your HOA accountable.

Understanding HOA Responsibilities

HOAs are typically established to oversee and manage a community. Their authority is governed by:

1. The Declaration of Covenants, Conditions, and Restrictions (CC&Rs): The legally binding rules for the community.
2. Bylaws: Internal rules governing the HOA’s operations and procedures.
3. Alabama Law: The Alabama Uniform Condominium Act (Ala. Code § 35-8A-101 et seq.) and other applicable statutes govern HOAs and their duties.

These documents and laws obligate HOAs to enforce their regulations fairly, uniformly, and in good faith. Failure to do so may give homeowners grounds for legal action.

When Can You Sue Your HOA?

You may consider suing your HOA if it fails to enforce its regulations in the following scenarios:

1. Selective Enforcement: If the HOA enforces rules against some homeowners but not others, it may be acting unfairly. For example, if your neighbor builds a shed in violation of the CC&Rs and the HOA takes no action while penalizing you for a similar violation, you may have a claim for selective enforcement.
2. Failure to Enforce Property Maintenance Standards: If the HOA ignores violations, such as unkempt lawns or dilapidated structures, that affect property values or neighborhood aesthetics, homeowners may have standing to sue.
3. Breach of Fiduciary Duty: HOA boards have a fiduciary duty to act in the best interests of the community. Failure to enforce rules or misuse of funds can constitute a breach of this duty.
4. Violation of Governing Documents: If the HOA ignores or violates its own CC&Rs or bylaws, homeowners can seek enforcement through the courts.
5. Unfair or Arbitrary Conduct: HOAs must act reasonably and in good faith. Arbitrary decisions or unfair treatment of homeowners may provide grounds for a lawsuit.

Legal Basis for Suing Your HOA in Alabama

1. Breach of Contract

The CC&Rs and bylaws function as a binding contract between the HOA and its homeowners. If the HOA fails to fulfill its obligations under these documents, you may sue for breach of contract.
• Case Example: Alabama courts recognize that homeowners are entitled to enforce the terms of HOA covenants when those covenants are violated. (Ala. Code § 35-8A-316 discusses obligations of unit owners, which can extend to HOA duties in certain circumstances.)

2. Negligence

If the HOA’s inaction results in property damage or financial loss, you may sue for negligence. For example, if the HOA fails to enforce a rule requiring proper drainage systems and your property floods as a result, you may have a valid claim.

3. Breach of Fiduciary Duty

HOA board members owe a fiduciary duty to the homeowners they represent. Board members must act in good faith and in the best interests of the community. A breach of this duty, such as failing to enforce rules or mismanaging funds, can result in liability.

4. Declaratory Judgment and Injunctive Relief

You may also seek a court order (declaratory judgment) requiring the HOA to enforce its regulations. Additionally, you can request injunctive relief to stop ongoing violations or compel specific actions.

Steps to Take Before Suing Your HOA

1. Review Your Governing Documents: Read the CC&Rs, bylaws, and HOA policies to ensure you understand the rules and the HOA’s responsibilities.
2. Document the Violations: Keep detailed records of the HOA’s failures, including dates, correspondence, and evidence of harm (e.g., photos of violations or property damage).
3. Attempt Resolution: Before filing a lawsuit, try resolving the issue by attending HOA meetings, submitting formal complaints, or using mediation.
4. Consult an Attorney: An experienced real estate or HOA attorney can review your case, advise on your legal options, and help you determine whether a lawsuit is appropriate.
5. File a Lawsuit: If all else fails, you may file a lawsuit in an Alabama court to enforce the HOA’s obligations.

What Can You Recover in a Lawsuit?

If you prevail, you may be entitled to:
• Damages: Compensation for financial losses, property damage, or reduced property value.
• Attorney’s Fees: Some governing documents or Alabama statutes may allow for
the recovery of legal fees.
• Injunctive Relief: A court order requiring the HOA to enforce its rules.

Conclusion

Homeowners Associations are obligated to enforce their rules and regulations fairly and consistently. When they fail to do so, Alabama law provides remedies for affected homeowners. While taking legal action should be a last resort, it can be an effective way to protect your property and ensure the HOA fulfills its duties.

At Brackin Law Firm, we have extensive experience in HOA disputes. If your HOA is not enforcing its regulations, contact us today to schedule a consultation. We’ll help you explore your options and take the necessary steps to hold your HOA accountable.

Don’t let your HOA’s inaction affect your home and community. Take action to protect your rights today!