Understanding Your Homeowners' Association

Real Estate Lawyer Serving Overland Park and the Kansas City Metropolitan Area

Many newer neighborhoods in Kansas and Missouri involve homeowners' associations (HOAs). In many cases, a homeowners' association can be positive - helping to uphold a high standard of neighborhood maintenance. However, before signing a purchase agreement on a home within the purview of a homeowners' association, be certain you are fully informed of the HOA obligations.

At the Law Firm of Kevin Stuart Cavanaugh, I represent home buyers in need of a careful review of documents pertaining to homeowners' associations. As an experienced attorney and licensed real estate agent, I have the insight and skill to protect you from making a very costly mistake. Contact me, Kevin Stuart Cavanaugh, to schedule a free initial consultation.

Ten Things Your Homeowners' Association May Not Tell You

1. Always study the homeowners' association governing documents before you sign a contract to buy a home in any subdivision with a homeowners' association.
2. Never volunteer to be a member of any homeowners' association board of directors.
3. Never agree to act as treasurer or financial manager for any homeowners' association.
4. Always canvas homeowners in a subdivision where you are considering buying a home before you sign anything to find out if there are any current or past disputes between homeowners and their homeowners' association.
5. Never pay your homeowners' association dues late. Your late fees for late dues will probably accrue at an alarmingly fast rate. Your dues and late fees owed will become a lien on your home.
6. Never sign a contract to buy a home in a subdivision without first reviewing a detailed description of all homeowners' association dues and obligations, including what they cover and anticipated increases.
7. Never accept a realtor's verbal description of homeowners' association details. Always obtain this information directly from the homeowners' association and review it before you sign a contract to buy. Once you sign a contract to buy a home it may be too late to complain about homeowners' association obligations that will affect you as a homeowner.
8. Always assess how a homeowners' association's practices will affect your ability to sell your home or obtain the selling price you want should you decide to leave a subdivision.
9. Some homeowners' association bylaws require you to pay the attorney fees of your homeowners' association even if you win your lawsuit against them. Because attorney fees are typically much more costly than the damages you seek to obtain from your homeowners' association, it is almost always impractical to ever sue your homeowners' association. This means that you have virtually no recourse against your homeowners' association for any decision it makes affecting your home if you must pay the HOA attorney fees win or lose.
10. Your subdivision neighbors, who are also in your homeowners' association, can usually change any bad homeowners' association declaration or bylaws, but this almost never happens because homeowners don't realize that they can make changes to their homeowners' association declaration or bylaws.

Contact Me

For dedicated representation regarding homeowners' associations or other real estate transactions, please do not hesitate to contact my office. I am available during regular office hours and evenings and weekends.