Legal Question in Real Estate Law in Arkansas
Failure of Property Owner's Association to enforce bylaws
A neighbor has built a pool and retaining wall on his property. The retaining wall has fallen in two places resulting in a mess that can be seen by several properties in the subdivision. This may be the reason properties are not selling as the problem has existed for a year.
So far, the Property Owner's Association has not enforced the bylaws concerning this problem despite numerous complaints. They state they are giving him time to sue the pool builder because the homeowner does not have the $30,000 needed to fix the problem
If this is affecting the sale price of homes in the subdivision, can I sue the POA to make it enforce the bylaws of the subdivision?
2 Answers from Attorneys
Re: Failure of Property Owner's Association to enforce bylaws
A review of the POA bylaws first by an attorney is essential to answer whether you can sue right now... contact this Counsel if you want an opinion
Re: Failure of Property Owner's Association to enforce bylaws
Possibly. The POA should have some type of by-laws that you, or an attorney, would need to look over. There is a chance that you could sue for enforcement, but some POAs are not capable of enforcing their bylaws because of the way they are set-up.
I would suggest letting an attorney look at the by-laws to see if a suit would be advisable. A letter from an attorney might even be sufficient to get action going.
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