The root of the conflict between London Townhomes residents and their HOA
Residents at London Townhomes claim their HOA has not been doing its job — and it’s been an ongoing issue. They say various maintenance issues continue to persist going on more than two years now and the HOA has been largely non-responsive.
One resident called the situation "extremely frustrating and difficult." She added, “according to our bylaws, the owners are supposed to be mostly in charge of the association… but that hasn't happened in the past two-and-a-half years."
Not only have the HOA president and board been unresponsive to residents of London Townhomes, but KHOU reached out to the HOA president and got no response. A reporter from the news outlet even went to the president’s door in an attempt to get answers, without success.
A year before KHOU was contacted, a meeting was held between the HOA and residents, and things got physical. Video footage of the meeting had someone shouting, “is that a threat?” However, that meeting didn’t result in any progress either, and maintenance tasks remain neglected.
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Continuing grievances
The HOA finally held another meeting in late April after residents signed a petition and one filed a lawsuit in Harris County civil court.
KHOU spoke with a rep from the HOA's management office who referred to the meeting as a productive one. However, that person also disputed residents' various claims and said that maintenance issues are typically addressed "as quickly as possible."
However, the tense situation at London Townhomes is hardly an isolated incident.
"The courthouse is full of lawsuits filled with HOA disputes," real estate attorney Richard Weaver told KHOU. Weaver has no connection to London Townhomes but recommends that anyone having HOA issues study their bylaws, which are typically supported by state law.
What to do when your HOA doesn't do its job
Aside from the obvious — not getting your money’s worth if the property is neglected or poorly-maintained — the lack of consistent care and attention may cause the value of your home to decline. That could present a problem in the event you decide to sell it one day.
HOAs have a contractual obligation to do certain maintenance tasks. So, if your HOA isn't stepping up when it's supposed to, it's important to take action.
First, read your HOA's bylaws to understand its obligations. Next, ask the residents of your community to show a sense of unity and reach out to the HOA informing them of issues and demanding that they be addressed. Keep a paper or email trail — even screenshots — of all communications and relevant dates, and be persistent.
From there, you have several options. You could file a complaint with the HOA board. You could also seek to remove one or more members of the HOA board if they're not doing their job.
If these measures fail, you could rally your fellow residents and file a lawsuit against the HOA on the basis of negligence or not performing its duties. Typically, you’d need to engage the help of a real estate attorney for situations like this, though, and there may be additional costs you and your fellow residents incur. However, you can also sue to have those costs recouped.
Although lawsuits can be time-consuming, NOLO reports that many lawsuits are settled before going to court. So, if your HOA is unresponsive, your best bet may be to initiate a suit simply to get its attention and prompt a response.
To be clear, it's not just a failure to make repairs that may lead to a lawsuit against a HOA. It can be guilty of other violations, from misusing funds to discriminating against certain members of your housing community.
It’s important to study your HOA’s rules so you know what rights you have, and to take action when they’re not being upheld.
Though it can be a painstaking process, it may be a worthwhile one — especially as it may set a precedent for the future.
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