Invalidating a home owners association

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You may be able to remove an HOA lien by proving it invalid because of the existence of a superior lien, or by showing a court that the merits of the lien are questionable.Repay the HOA lien in full, depending on the amount of the lien.However, despite these facts of HOA living, the courts thus far seem unwilling to entirely invalidate CC&R contracts. Obviously, following the passage of the Fair Housing act of 1968, and Fair Housing Amendments of 1988, a homeowner cannot agree – by private contract such as CC&Rs – to restrict sale or lease of a home to a person of a certain race, religious, or ethnic background.

As examples, he provides excerpts of the written opinions of Judges in Arizona and Montana that pre-arbitration requirements in CC&Rs, while unconscionable and unenforceable, do deem the CC&Rs themselves as contracts of adhesion.

Consult with an attorney to understand the legal position. Verify whether the HOA’s accounting procedures are accurate by requesting to view the books, and take them to an accountant to ensure that the amount of the lien is justified.

A lawyer experienced in HOA liens will be able to identify whether you have a chance of winning in court.

The association gave the homeowner seven days’ notice of a hearing on the violations; however, the homeowners were out of town and unable to return for the hearing.

The association proceeded to impose a financial sanction, which the homeowner did not pay, leading to the association recording a lien against the homeowner’s property.

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