![]() This is especially handy if the HOA claims they didn’t know you wanted your property back. In the event you do end up filing a small claims lawsuit, you can bring it to the hearing and show it to the judge. ![]() Once you have sent your demand letter, keep it in your records. You may want to consider giving the HOA 14 days to respond to you and state that if they do not respond within that time, you intend to sue them. Include a deadline and intent to sue language. State in your demand letter that, as per the CC&Rs, the HOA is responsible for enforcing the rules and regulations of the community, and they have failed to do this. For example, a neighboring unit causes damage to your property. Reference any bylaws, CC&Rs, or state/federal laws you are relying on. You don’t want to jeopardize resolving the dispute by using argumentative language. Remember you are asking the HOA to pay or take some type of action to resolve the problem. Make sure you keep a professional tone throughout the letter. State your demand in a professional and concise manner. Explain what the fine was for, how much the fine was, and why it was improper. For example, the HOA improperly fined you. Make sure to include background facts describing the issue at hand. ![]() What to Include in Your Demand Letterīelow are suggestions on important elements to include in your letter: Learn about the pros and cons of using an attorney to write a demand letter. If this is the case, it may be worth discussing potential claims you have against an HOA with an HOA lawyer that deals with these types of lawsuits. ![]() You may be dealing with a serious issue like housing discrimination by the HOA. One of the first things you should consider is the cost of hiring a lawyer to write a demand letter. However, you may want to consider the following factors when deciding to hire a lawyer to write a demand letter:Ĭost. There is no formal requirement that states you need a lawyer to write your HOA demand letter. Writing a letter can sometimes be very effective as it is a more formal way of making a demand.ĭo I Need to Hire an Attorney to Write a Demand Letter to an HOA? So while some demands can be made orally, we recommend making any demands in writing. Sending a written demand letter assures you there is a record of your good-faith attempt to settle. This is why you should also consider checking the HOA bylaws or CC&Rs before filing a lawsuit against an HOA.Ī demand letter signals to the HOA that you are serious about resolving the dispute and that you are willing to take action. The HOA bylaws may require you to send notice to an HOA before taking legal action. By sending a demand letter to the HOA, you are fulfilling this requirement. For example, in California, small claims court demanding payment is a requirement. Here are at least four reasons why you should consider sending a demand letter before taking legal action against an HOA:ĭepending on the state you are filing a lawsuit in, you may be required to demand payment from the HOA before filing. When you send a demand letter to an HOA, you are taking a proactive step to address your concerns and attempt to resolve the issue outside of court. Why is Sending a Demand Letter Important? For example, your neighbor keeps making excessive noise on weekday nights, and the HOA has done nothing to resolve the problem. For example, the board elects a new member to the HOA without following proper election procedures as per the HOA bylaws.ĭisputes over disruptive neighbors. You hire a plumber to fix a leak, and the HOA refuses to pay the plumbing bill.Įlection disputes. For example, the CC&Rs state the HOA will pay for all plumbing repairs. For example, if an HOA did not provide a sign with the towing company information and towed your car even though you were not illegally parked.īreach of contract. For example, the HOA fined you even though you didn’t violate any provisions in the CC&Rs (which stand for Covenants, Conditions, and Regulations). For example, if a gate at the HOA malfunctions and damages your car.ĭispute over improperly assessed fees or fines. Here are some common reasons you may want to send a demand letter to an HOA: Common Reasons to Send a Demand Letter to an HOA In this article, we will discuss why sending a demand letter before taking legal action is important, provide a sample demand letter, and discuss the next steps after sending a demand letter.ĭid you know we have a free tool powered by AI that helps you create a demand letter to an HOA? Check out our demand letter tool. Do you currently have a dispute against an HOA about property maintenance, fees, or rules? Before rushing to take legal action, consider sending a demand letter to the HOA first.
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