The Right Way to Prove Your HOA Wrong

Law Office Legal Statue

It’s no secret that the relationship between homeowners’ associations (HOAs) and homeowners can often be a bit of a power struggle. HOAs usually maintain a list of rules and regulations that govern things like trash and recycling collection, yard decorations and maintenance, the parking of cars, noise ordinances, the use of shared spaces, and more. Armed with this set of rules, many HOAs keep a close eye on residents to ensure rules aren’t broken. Sometimes, they don’t get it right. For this reason, homeowners need to understand the rules and be prepared to prove they comply.

Our recent YouTube video over on the “HOA Crusader,” explains the best ways to ensure that you have the right materials to refute any erroneous violations you’re charged with by the homeowner’s association- like documentation such as video and even maps of property lines.

In the video, an unnamed homeowner relays how she received a notice from her HOA that her household violated the rules governing how long trash cans could remain at the curb. The HOA sent the homeowner a photo that ostensibly proved that she and her husband had flouted rules about garbage receptacles left at the curb. The understandably annoyed homeowner refuted the charge with a series of photos from a doorbell cam that proved that a) the trash cans in question were not hers, they were her neighbors’ cans; and b) that the cans had never been on their property in the first place. Having this kind of documentation is a good way to shut down false accusations of breaking HOA rules, according to the HOA Crusader.

“She did a great job,” said the HOA Crusader. “Good on her. I wish more unit owners were like that. HOAs make mistakes, management companies make mistakes. She went and got all the evidence and demonstrated well beyond a reasonable doubt that they were wrong, and she was right. She provided that evidence, and…fantastic.” 

There was some mild criticism though about bringing some “irrelevant” personal issues into the mix. (The homeowners had recently lost a son, and the individual in the video did not hide her annoyance, dropping the occasional four-letter descriptive.)

The essential point made by the HOA Crusader is that more homeowners need to document their sides of disputes with factual information so they can enter mediation processes with convincing evidence, particularly in HOAs known for robust enforcement of regulations. 

“I just wish more people would go through the time proving why they are right or wrong,” he said. “Too many times, we get ‘It’s not mine’ or ‘I didn’t do it’ without evidence to support their claim. So…good job.” 

About Paladin Property Management

Paladin Property Management offers management of day-to-day operations for HOA client associations, including maintenance requests, communication, collection of common charges, payment of vendors, bookkeeping, rule enforcement, resale packages, and construction projects, as well as any other routine administrative responsibilities. We offer consulting services to HOAs that are largely self-managed. For more information or to contact us, call 860-395-8863 or visit our website.