Q: I live in a community with HOA. The HOA board does not do upkeep on our building or have regular meetings is this legal
What can be done in this situation
A:
Homeowners' Associations (HOAs) are generally required to maintain common areas and ensure the community's well-being according to their governing documents, such as the CC&Rs (Covenants, Conditions, & Restrictions), bylaws, and state laws. If your HOA board is not performing upkeep or holding regular meetings as outlined in these documents, this could potentially be a breach of their duties.
In such situations, you have several options. First, review your HOA's governing documents to understand the specific obligations of the board and the rights of homeowners. These documents typically include procedures for how homeowners can address grievances or request action from the board.
If direct communication with the HOA board does not resolve the issue, you might consider rallying support from other homeowners and calling for a special meeting to address these concerns. Depending on the laws in your state and the rules within your HOA's governing documents, homeowners may have the right to vote on important issues or even elect new board members if the current board is not fulfilling its duties. In extreme cases, legal action might be considered as a last resort to compel the HOA to fulfill its obligations.
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