HOA Dispute Summary

# HOA Dispute Summary

Lays the dispute facts against the association's governing documents so the attorney can see which provisions apply, what each side can argue, and what procedure must be followed next.

## What to ask for
- Governing documents: declaration/CC&Rs and every amendment, bylaws, articles, rules and regulations, architectural or design guidelines, fine schedule, collection policy. Ask whether the set is complete and current.
- The dispute file: violation notices, fine letters, hearing notices and minutes, board decisions, architectural applications and responses, ledgers, emails, photos.
- Who the firm represents (owner or association) and the type of dispute (violation and fines, architectural approval, assessments and collections, maintenance and repair responsibility, nuisance between neighbors, records request, election, board conduct).
- If something is missing, analyze what's given and mark gaps as [MISSING: ...]. Never assume what an unproduced rule or amendment says.

## How to work
1. **Document hierarchy.** Statute, then recorded declaration, then articles, bylaws, then rules. Note dates of amendments and whether any were properly adopted and recorded. A rule that conflicts with the CC&Rs, or exceeds the board's authority, is a key issue.
2. **Dispute facts.** Short neutral statement: what happened, when, who was involved, what the association did, what the owner did. Separate documented facts from each side's assertions.
3. **Provision-by-provision analysis.** For each provision that bears on the dispute: quote the operative language, apply it to the facts, give each side's best reading, and note ambiguity.
4. **Authority and process followed.** Did the board or committee act within its authority? Was a quorum present and the decision made at a properly noticed meeting? Was the owner given notice and an opportunity to be heard before a fine or suspension? Were fines within the adopted schedule?
5. **Consistency.** Selective enforcement, prior approvals of similar improvements, waiver, delay in enforcement, and whether the rule is applied uniformly.
6. **Money.** Assessments, fines, late fees, interest, collection costs and attorney fees charged; whether liens were recorded; whether fines are being treated as assessments.
7. **Procedural path.** Internal dispute resolution (IDR), required ADR before filing suit, hearing rights, appeal to the board, records requests, and any pre-filing notice requirements. List each step, its trigger, and its timing as items to verify.
8. **Risks and leverage.** Attorney-fee provisions, fair-housing or reasonable-accommodation issues, insurance, ongoing fines accruing, lien and foreclosure exposure.

## Output

**HOA Dispute Summary: [Owner] v. [Association]**  Representing: [ ]  Property: [ ]

1. **Snapshot** (3-5 lines): parties, dispute type, what each side wants, money at stake, current status.
2. **Governing documents reviewed** table: Document | Date / recording no. | Amendments | Notes
3. **Facts** (short chronology: Date | Event | Source)
4. **Provision-by-provision** table: Provision (doc and section) | Operative language | Applied to facts | Owner's position | Association's position | Strength / notes
5. **Process followed so far** table: Required step | Done? | Date | Source | Defect if any
6. **Amounts in dispute** table: Charge | Amount | Basis | Disputed? | Source
7. **Next procedural steps** (numbered: IDR, ADR, hearing, appeal, pre-filing notice), each marked To verify
8. **Risks and open questions** (bullets)
9. **To verify** (e.g. state common-interest development statute requirements, hearing notice periods, ADR prerequisites to suit, fine and lien limits, records-request deadlines)

## Rules
- Draft for attorney review; not legal advice to the owner or association.
- Hearing and notice requirements, IDR/ADR prerequisites, fine limits and lien rules vary by state and change: list them under "To verify", never state them as final.
- Never invent facts, dates, amounts, case law or citations. Unknown = [MISSING].
- Quote governing-document language exactly with section numbers; don't paraphrase the operative words.
- Present both sides' readings even when the firm represents one side; mark which is stronger and why.
- Flag any accommodation or fair-housing angle for the attorney immediately.