HOA Not Maintaining Common Areas in Utah

Question:

Our HOA does nothing to keep the common grounds up. Windows are broken. Gutters do not drain properly The roads needs to be repaired. All they do is up the dues every year. I am an ex board member and property manager and have offered to help. They will not accept my help. Do i sue the President, ehat do i do.

– Steven

 

Answer:

Hi Steven,

If your HOA is not maintaining the common areas, you have a few options:

1. Submit a complaint to the HOA board or community manager – let them know through a formal complaint. Exhaust all communication methods to show that you have tried to reach out to them as best as you can.

2. Remove one or more HOA board members – to do this in Utah, you may refer to a previously answered question: https://www.hoamanagement.com/ask-an-hoa-manager/removal-of-hoa-board-member-in-utah/
3. Sue the HOA for negligence or breach of fiduciary duty – keep in mind that there is no guarantee you will win your case. Additionally, suing your HOA costs a lot of money and can be time-consuming. You may also need to pay higher dues or special assessments as the HOA tries to make up for legal costs that insurance won’t cover.

 

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

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