How Self-Help Can Inflict Self-Harm for Those Living In a Homeowners or Condo Association

Belonging to a homeowners or condominium association offers many benefits, such as shared financial responsibility for certain amenities, uniformly maintained aesthetics, groundskeeping, and more. That said, members of a homeowners or condominium association are also required to follow certain rules and procedures. 

Are your neighbor’s holiday decorations up through February? Is the community’s clubhouse not being properly maintained? Is common facility landscaping encroaching on your property?   

It may be tempting to resort to self-help to eliminate a nuisance or to resolve an issue with your neighbor or even with the association. However, in community associations, self-help remedies can expose owners to significant legal and financial consequences.  

What is Self-Help? 

Self-help remedies refer to the actions of a unit owner to solve a potential dispute or a perceived violation of the community’s governing document(s). Self-help remedies may include, but are not limited to: 

• withholding all or part of a common expense assessment. 

• making unapproved repairs or alterations to a unit or common element. 

• blocking access to a unit or to a common or controlled facility. 

• removing, altering, or interfering with any perceived nuisance. 

Why Can Self-Help Remedies Be Risky? 

Disputes over signage, landscaping, lot boundaries, common elements, or property use may expose a unit owner to unwanted financial liabilities if handled incorrectly. Pennsylvania courts have ruled that unit owners are not entitled to withhold assessments or dues even when the association has seemingly failed to uphold its obligation to maintain common elements or otherwise enforce the governing documents. Additionally, unit owners are not permitted to unilaterally repair or modify a perceived nuisance if such an action violates the association’s governing documents.  

What Should a Unit Owner Do?  

Unit owners should continue to meet their obligations and follow the procedures outlined in their association’s governing documents during a dispute. Unit owners should also consider:   

• documenting the issue. 

• reporting any concerns in accordance with the community’s established procedures.  

• allowing the association’s board an opportunity to investigate. 

If the issue is not resolved, legal counsel can help identify remedies and avoid actions that may escalate a dispute.  

To learn more about legal remedies available to owners or residents of a homeowners or condominium association, please contact SMGG Attorney Gilda M. Arroyo at garroyo@smgglaw.com for guidance. Special thanks to SMGG law clerk Rachel McDonough for contributing to this post. 

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