OPINION — “You knew what you were getting into when you purchased a home in an HOA” seems to be what homeowners are quickly told when they question the actions of their HOA board or management company. It also seems to be an unwritten rule that you can fight your HOA, but the HOA board and management company always win.
But what happens when the HOA board and management company violate the HOA governing documents, ignore state and federal statutes and are the ones out of compliance? What type of protection or recourse does a homeowner have?
It seems the answer is, not much. Unfortunately, homeowners quickly find themselves alone in uncharted territory. Instead of their home as a place of refuge, it becomes a place of conflict and confusion.
It appears in Utah, we have left our homeowners very vulnerable to rogue HOA boards and management companies. We are seeing overwhelmed or complacent HOA boards, who have a fiduciary duty to serve and protect their residents and community, turn over their responsibilities to a third-party management company.
When questions or disputes arise with the HOA board, homeowners are often directed to the management company or a law firm. We see the board and management company circle the wagons, and soon, questionable and unresolved fees and fines quickly compound against the homeowner — sometimes thousands of dollars within a few short months.
In desperation, some homeowners contact the state’s Consumer Protection office. Although sympathetic to the homeowner, Consumer Protection refers them to a federal agency, whose hands are also tied and at times, can do little more than add them to a complaint list.
Having run out of options, it seems the homeowner is faced with two choices: pay the questionable and unresolved fees and penalties or hire an attorney and prepare for expensive litigation.
My HOA bill, HB 445, addresses many of the specific complaints I hear regarding HOA Boards and management companies. It also outlines a desperately needed path for dispute resolution without costly litigation via the States Property Rights Ombudsman.
I have engaged legal minds and consultants to help meet the numerous requests from homeowners in Utah. I respectfully request that you take the time to read HB 445 and send to me your comments regarding this important issue. Now is the time for your voice to be heard.
Please send your comments to lymanforutah@gmail or [email protected].
Submitted by PHIL LYMAN, Utah House of Representatives District 73.
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