HOA/COA Litigation

Bagwell Holt Smith P.A. represents homeowner associations, HOA boards and individual HOA board members in a wide array of litigation matters. Our HOA attorneys are highly experienced in both defending HOAs against homeowner-initiated litigation and assisting HOAs in pursuing claims against adversarial homeowners. We recognize that the costs involved in HOA disputes can be significant, and therefore we make every effort to resolve disputes short of litigation. In the event litigation becomes necessary, we are prepared to aggressively defend or prosecute your community’s rights.

Our clients benefit from the unique perspective that we have gained by serving both the plaintiff and defendant sides of HOA matters. In terms of property types, we represent condominiums, townhomes, single-family communities and commercial complexes throughout North and South Carolina.

We are a full-service comprehensive homeowners association and property management practice that provides comprehensive expertise in a broad array of litigation matters:

  • Enforcement of restrictive covenants
  • Enforcement of rules and regulations
  • Enforcement of Architectural Control Committee decisions
  • Common area disputes
  • Assessments and fines collections
  • Construction defects
  • Director and officer liability
  • Breach of contract
  • Americans with Disabilities Act issues
  • Insurance coverage litigation

Representative Litigation

  • Removed a condominium owner who, due to his divorce, was destroying his unit and threatening the structural integrity of the building.
  • Swiftly took legal action against a unit owner who made   violent threats against the president of a condominium association.
  • Filled suit against an owner advertising and operating a “Cash for Gold” business out of his townhome. Multiple armed robberies occurred at the premises and neighbors were living in fear.
  • Engaged in litigation against a developer for noncompliant stormwater ponds. Due to the fact that the stormwater ponds were never brought up to code, the HOA would have owed the governing municipality upwards of $80,000.00.
  • Halted construction of an enormous medical park which attempted to rout 5,000 additional cars per day through the subdivision’s streets.
  • Clarified maintenance responsibilities for angry homeowners demanding that the association take on expensive remediation projects that the association was not legally obliged to fix.
  • Enforced covenants against homeowners with aggressive, dangerous breeds of animals in a small, family community.
  • Required homeowners to have their exteriors re-painted when the paint color choices were not approved by the Architectural Review Committee.
  • Provided Cease & Desist notices to a homeowner operating a for-profit gym out of their garage.
  • Successfully defended an HOA and individual board members who were sued by a homeowner due to non-maintenance of a natural walking trail. The homeowner also had to reimburse the HOA for a significant portion of the HOA’s attorney fees.

Community Association Law Attorneys