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Homeowners Association Litigation

Trusted Legal Advice for Homeowners’ Association Litigation in Myrtle Beach South Carolina

Serving HOAs and tenants across Horry County and the surrounding areas

If you need the assistance of a skilled attorney who has experience with homeowners’ association disputes and related issues, work with Myrtle Beach’s DesChamps Law Firm. Since 1979, we’ve helped associations, board members and unit owners deal with tough disputes, and you can trust in the knowledge and dedication we bring to your legal challenges. Our team takes pride in serving clients throughout our region, and we’re ready to leverage our experience and skill to help you and your organization.

What are the common homeowners’ association disputes?

Homeowners’ associations (HOAs) are governed by private boards and are generally made up of residents. However, the fact that board members are usually volunteers does not mean that they are not exposed to the threat of lawsuits. There are several types of common disputes between HOAs and homeowners that can lead to lawsuits, including:

  • Breach of covenant. A breach of covenant occurs when an association fails to fulfill any of the duties agreed upon in its legal documents. Some of these duties might include managing common areas, such as landscaped areas, recreational facilities and the exterior building or roof.
  • Breach of fiduciary duty. This type of dispute is similar to a breach of covenant. A breach of fiduciary duty, however, occurs when an association does not perform a duty that is not explicitly stated, but rather implied by the scope of its legal documents.
  • Association director liability. Association directors are required to exercise reasonable diligence in carrying out both explicit and fiduciary duties. Failure to do so could expose the director to a liability lawsuit.
  • Community association negligence. There are many different actions, or failures to act, that can constitute negligence on the part of a community association. These include the failure to perform duties in a reasonably prudent and safe manner, negligent actions, products liability (provided the products have been distributed by the HOA) and failure to guard against foreseeable crimes.
  • Liability for trespass. This type of dispute occurs when a homeowner accuses the association of unauthorized entry onto the owner’s premises.
  • Breach of statutory duty. A dispute alleging breach of statutory duty most commonly occurs when an owner has accused the association of mismanaging or abusing community association funds.

Resolving HOA disputes through mediation

Many disputes between HOAs and homeowners may be solved using mediation. Through mediation, homeowners and community associations can take responsibility for resolving conflicts by forming their own agreements, thereby improving their relationships and strengthening the community. A mediator works with both parties to facilitate negotiations, providing an alternative to costly and time-consuming litigation. Consult a real estate lawyer with our firm to learn more about your options.

Speak with an attorney with experience in HOA litigation

The Horry County lawyers at DesChamps Law Firm have years of experience in real estate litigation, including issues related to HOAs. To set up a meeting, call 843-353-6120 or contact us online.

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