How can homeowners collectively challenge a problematic HOA rule? – Perez Mayoral

To challenge a problematic HOA rule, there are a few different approaches you can take. First, it’s important to check the procedure to confirm whether the rule is an official one that must be followed. You can do this by reviewing the public records for your municipality to see if the rule has been properly recorded. If it hasn’t been recorded, it may not be a valid rule that homeowners are required to comply with. The second way to challenge a rule is substantively, by assessing whether it violates Chapter 718, the Condominium Act, or Chapter 720, the Homeowners’ Association Act. If the rule conflicts with either of these laws, it may be unenforceable within the association. In some cases, you may need to file a petition for arbitration or even a lawsuit to have the rule declared invalid within the association. I recommend speaking with an attorney with any questions you may have.