HOA Board Not Enforcing Rules in WV

Question:

I live in a community where basketball hoop is not allowed on the property without approval from HOA. My neighbor put a basketball hoop behind his house and all the neighborhood children uses it. Beside all the noises they are making, they left trash on my property and damage my property. They broke my fence, their balls would fly into my yard and the children would try to open my gate to get in my yard to get the ball. I wrote to HOA and told them about all the issues I’m having. HOA member said I should talk to the owner of the basketball hoop instead of them. I spoke to the children’s parents but they have not done anything to fix it. I stated in my email to the HOA that the neighbor is violating the community rules since basketball hoop is not allowed and it should be removed. It has been two weeks and I haven’t gotten any update from HOA whether they will enforce that the basketball hoop be removed.
What should be my next step? contacting a lawyer?

– My Le

 

Answer:

Hi My Le,

It is worth checking your association’s governing documents to see if you have any options as a homeowner. Sometimes, an HOA’s governing documents don’t give the board enough power to enforce the rules. In this case, consider amending your governing documents to give the board more authority.

If a board member is not doing their job properly, leading to the failure of rule enforcement, homeowners also typically have an option to remove the board member in question. As per the UNIFORM COMMON INTEREST OWNERSHIP ACT ยง36B-3-103(g):

“(g) Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a two-thirds vote of all persons present and entitled to vote at any meeting of the unit owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.”

If that does not work, your final option is to take legal action against your HOA for not doing its job. However, lawsuits tend to be costly and complex, and the outcome is not always guaranteed. Additionally, you will need to gather enough evidence to support your claim. Make sure to contact a lawyer for further guidance.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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