Boise Attorneys Resolve Homeowners' Association Disputes
You have a right to act in the event of noncompliance with neighborhood association guidelines
As a member of a homeowners' association (HOA), you have legal rights. If a member of your community association or its board of directors is not complying with community bylaws, you have the right to act. A skilled real estate attorney with experience in property law assists you in exercising your legal rights and supports you in the event of litigation.
We assist in all aspects of CC&R enforcement and association governance
Your community’s covenants, conditions and restrictions (CC&R) document describes what you can and cannot do on your property and details fees for noncompliance with community rules. As a contract, a CC&R is binding and legally enforceable. If you violate community rules, you could be sued or forced to move. All rules and regulations set forth by an HOA should be clearly stated in the CC&R, so be sure to keep a copy of the document in case you disagree with a decision made by your HOA.
- Interpreting the CC&R — Before buying a home, have a lawyer review your CC&R. We ensure that you thoroughly understand the obligations, restrictions and fees expected of you. If you are already a member of an HOA and disagree with the interpretation of a line in your CC&R, seek legal advice. Our real estate attorneys know the law concerning what an HOA can and cannot regulate, and provides assistance in resolving interpretation disputes.
- Amending the CC&R — A CC&R can only be amended if the minimum number of required community members votes for a change. If you want to initiate a change in your CC&R but can't convince enough other members to vote or attend voting meetings, an amendment is unlikely to occur without legal intervention.
- Drafting the CC&R — When drafting a CC&R, your committee has considerable flexibility in the restrictions you can place on property use. However, if you include a line in the CC&R that does not comply with the law, is discriminatory or places undue burden on a resident, the document may be contested. Our lawyers are skilled in the drafting and preparation of CC&Rs, amendments and association bylaws, ensuring that the association's CC&Rs are legally sound and fully enforceable.
Common questions and issues within community associations
Our attorneys have experience in successfully representing both neighborhood associations in the drafting and enforcement of CC&Rs and association members who are being wrongfully pursued by their association. When you have a disagreement within your community association that cannot be resolved internally, we assist by ensuring that your legal rights are fully represented throughout your dispute.
The most common questions about Idaho’s HOA law include:
- Fee collections — HOAs have the right to charge mandatory fees for property maintenance in the community. If a homeowner misses a payment, the association has the right to restrict access to community benefits and to file a lawsuit if nonpayment persists.
- Liens and foreclosures — If a homeowner fails to pay assessment fees after collection attempts, Idaho law allows the association to place a lien on the home. The HOA may also obtain a court judgment allowing it to sell the home to satisfy the lien even if the house has a current mortgage.
- Disputes with assessment fees — The elected board of directors of a homeowners association has a responsibility to keep records of financial dealings and services provided to members. If an assessment fee cannot be verified in HOA records, the charge may be disputed with the aid of an attorney.
Do you need an attorney to represent you in your HOA dispute?
Call the office of Neal Colborn PLLC at 208.994.3276 or email us to schedule an appointment. Our office is open during regular business hours, from 8 a.m. to 5 p.m. Monday through Friday. We primarily serve clients in the greater Boise area, Ada County and Southeast Idaho, but we also have a network of contacts all over the state and the Pacific Northwest.