If my homeowners association violated one of our by-laws, what can be done?

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If my homeowners association violated one of our by-laws, what can be done?

By-law states that written notification outlining the purpose of a proposed assessment of $100 or more must be sent no less than 15 days prior to the meeting at which the assessment will be voted on and proxy voting is to be utilitzed to ensure all members get a say in the decision. They never sent notification nor did they utilize proxy voting and ultimately passed an assessment of $334 per family which is significantly higher than the amount stated in bylaw. They have collected the assessment and are threatening to bring legal action against several residents who have not yet paid it.

Asked on July 9, 2012 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Time to organize the home owners here.  There is strength in numbers.  Generally speaking, HOA decisions must be reasonable and in the best interests of all the homeowners.  If you believe that this was not then you need to challenge the assessment as a violation of the bylaws and an unreasonable assesment in violation thereof.  Get legal help to set it aside.  Good luck.


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