The Profound Impact of Unreasonable HOA Enforcement: A Personal Account
Homeowner associations (HOAs) exist to maintain common spaces, ensure safety, and regulate property standards within a neighborhood. However, the enforcement of rules can sometimes cross a fine line, becoming unreasonable and causing distress. In this account, I share my personal experiences and observations, highlighting how enforcement efforts that are not aligned with established rules can strain community relations.
Greedy Enforcement Practices
One of the most ridiculous situations I encountered was when a kid installed a swing in a tree during the Covid lockdown. Unfortunately, our HOA board, driven more by ignorance than reason, demanded its removal. We argued that this simple act was not against any rule and that depriving a child of a little fun was unjust. Our lawyer threatened to sue us if we didn't comply, but we stood firm, ultimately leading to the swing being removed by a third party.
Financial and Emotional Strain
The real problem with HOA enforcement is not the rules themselves, but the enforcement of things that are not rules. An absurd example is my lawsuit because I received too many UPS packages. This was purely an informal expectation rather than a formal rule, yet it led to significant financial and emotional strain for me and the association.
Shady Practices and Board Mismanagement
In my previous HOA, I witnessed a board that seemed more interested in lining their pockets than ensuring the well-being of the community. One homeowner was sued for having "weeds in the cracks of their driveway." This case was not based on any rule but rather on a strict interpretation of what was deemed normal. The HOA's attorney, whom I describe as a vulture, took every opportunity to enrich himself, often at the expense of the association.
The volunteer board was ill-equipped to handle these situations, allowing the attorney to seize opportunities that purely benefited him. The association even had the misfortune of hiring a management firm that utilized the same attorney, raising ethical concerns and potentially putting the association at risk of further lawsuits. Fortunately, Florida has since updated its HOA Statutes to prevent such conflicts of interest.
Due Diligence and Proper Understanding of HOAs
Before defining a board as unreasonable, one must understand what an HOA is and isn't. An HOA is a chartered organization made up of homeowners in a specific development, whether that includes condominiums, single-family homes, or a mix of both. Not every gathering of homeowners equates to an HOA.
I believe that the vast majority of HOA boards I have served on operate within reasonable parameters. Their purpose is to maintain the neatness, safety, and value of the neighborhood. Rules concerning home colors and curtain colors, while sometimes seen as trivial, are often driven by community consent to ensure a harmonious aesthetic. Boards that listen to their homeowners tend to maintain a sense of balance and fairness, whereas those that do not can lead to unrest and conflict.
In conclusion, while some HOA rules may seem restrictive, it is the enforcement of unestablished rules that often causes the most trouble. It is crucial for both homeowners and boards to strive for a balanced approach to maintaining community standards, ensuring that enforcement remains fair and reasonable.