Is The Association The Final Decision Maker In A Dispute?
Ultimately, the final decision maker in any dispute between an HOA and an owner is a court of competent jurisdiction. While an association can record a lien and suspend voting rights and common elements privileges for non-payment of assessments, a board does not otherwise have the authority to take “self-help” measures to enforce compliance and must enforce association rules through proper legal channels. If an owner believes the board is exceeding its powers or not meeting its obligations, the owner can institute a civil suit to resolve the dispute. Owners may also appeal to the democratic process to effect change within an association by running for the board, contesting the reelection of a problematic board-member or officer, and/or organizing amendments to the association’s declaration or bylaws by member vote.