'Didn't Get Any Warnings': What To Learn From An Outraged Homeowner's Battle With An HOA

If there's one thing that can unite Americans, it's a distinct dislike for their Homeowners Associations. HOAs have a well-known bad rap for things like petty fines, poor communication, lack of financial transparency, and poor money management. HOAs are often a hidden cost when buying a home, plus a hidden headache. Much of this intense dislike stems from homeowners' frustration at having their property under the (arguable, subjective, and capricious) rule of someone else. From fines for grass a half-inch too long to excessive fines for early holiday decorating, there are plenty of wild HOA versus homeowner stories out there. Currently making the rounds on the Reddit forum is a story from one homeowner who claims that their HOA, without prior warning, had the community's landscapers rip out what appear to be planted rose bushes right near the homeowner's front porch. Understandably infuriating, this post is just one example where people wonder if there's possible legal recourse for homeowners against their HOA. The answer is that it's complicated. 

So, what exactly are your rights in this type of situation, and what do you do next? To get the answer to this question, Hunker spoke with S. David "Coop" Cooper, a senior attorney at Becker and Poliakoff in Orlando, Florida, who specializes in real estate law. 

"Number one, first and foremost, is to read the governing documents," S. David Cooper shared, referring to your community's Covenants, Conditions, and Restrictions (CC&Rs). These can be dense, dull reading, but it's a crucial step as they spell out what the HOA can and can't do. There's no leg for you to stand on in a dispute unless you understand those rules. 

If you believe your HOA acted against the CC&Rs and want to sue, keep in mind your attorney's fees, and not just yours. Cooper states that laws vary from state to state, but where he practices, the prevailing party is expected to have its attorney fees paid. So if you go up against the HOA and lose, you'll be footing the bill personally, and if you win, the HOA will pay out of association fees. In that way, your contributions will still be used to pay the fees, at least in part. 

There are some caveats to this (and other aspects of dealing with your HOA), so Cooper highly suggests seeking out an experienced HOA attorney in your jurisdiction. However, at the end of the day, litigation can be lengthy and complex, so it's ideal to avoid it altogether. In this exclusive conversation with Hunker, Cooper says that beyond understanding your CC&Rs, try getting involved. "Being a board member is not something everyone has time for, but for those of you who really want to understand how the Association works and the limitations of the Association's authority, at least getting involved at a minimal level will go a long way." Whether reporting a neighbor's messy yard or dictating paint choice, the HOA can have a lot of community involvement.