Homeowners Association Bill of Rights Article III: The Right to Fairness in Litigation

Where there is litigation between an association and a homeowner, and the homeowner prevails, the association shall pay attorney fees to a reasonable level.

The Rights

Judicial Protection: Homeowners may sue associations to help enforce their rights without being required to sue other homeowners as well. Governing documents shall not limit and review or court enforcement.

Burden of Proof: The homeowner must prove that there has been a breach of duty. Exceptions are made for actions that exceed an association’s authority. The homeowners must prove that this breach of duty threatened or injured the homeowner as an individual or the interests of the common community.

Compliance Under Protest: If the homeowner is asked to comply with the associations demand for action, or demand to cease action, as well as the demand to pay assessment fees; this does not mean that the homeowner must forgo their rights to challenge the demands. The option to challenge is still available.

Protected Homeowner Rights to Attorney Fees: If the association or the homeowner brings forth a case to enforce document or applicable laws, the homeowner will be awarded reasonable attorney fees and costs if the homeowner prevails. The amount will be determined by the hourly rate and time worked and shall not just be limited to the amount the homeowner really paid.

Limited Association Rights to Attorney Fees: If the association prevails in the case that is brought forth by both parties regarding governing documents or applicable laws, then the association will be provided with attorney fees. These fees may be reduced at the discretion of the court. Unlike the return for homeowners, the association may see that their attorney’s fees are limited by the amount that was actually paid.

Protection of Rights

This article looks to protect the rights that the homeowner has as an individual. It does not require that you get your fellow homeowners to take action with you. Your rights as an individual are protected. This is done as a way to set up a neutral forum where document and governing laws can be looked over. This is also set up as a way to improve laws if need be. Homeowners can sue as individuals or sue if they believe that this will help protect the community as a whole. Also, as a homeowner you must comply with the demands of the association, however, you are also given the right to challenge those demands as well. A balance of attorney’s fees also comes into play and help out those who might not have the current funds to do so.

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