How to Fight an HOA
Home owners associations (HOAs) are put in place to ensure that all residents of a particular neighborhood or housing development have a say in what goes on in their immediate community. Yet HOAs often have just the opposite effect. HOAs are led by boards appointed by members of the community and made up of residents of the community. They are given powers to make and enforce certain rules. Unfortunately, HOAs sometimes overstep the boundaries of their power. If this is the case with your HOA, you may decide to take a stand and fight your HOA.
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Instructions
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Learn what your rights are. You chose to move into a community with an HOA, so you have to abide by the HOA's rules. Understand what these rules are by getting copies of the HOA's covenants, conditions and regulations. Read them carefully to identify if the reason you want to fight your HOA is dealt with in the documents. If not, you have a better chance of being successful in your ensuing battle.
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Choose your plan of attack. You can immediately go to a lawyer and threaten legal action, or you can begin with a polite letter. The latter approach may yield more favorable--and less costly--results. Remember that HOA board members are just volunteers who reside in the community. You may have a better chance of getting them to see things your way with a nice letter explaining your issue.
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Make your case in a civilized way, without using derogatory names or accusing the HOA of being a dictatorship. Let's say that your HOA's documents say nothing about the issue you're upset about. For instance, you may be getting monthly fines for keeping a restricted dog breed in your home. The HOA documents may have a list of restricted breeds, yet your dog may not be in that list, but look similar to one of the breeds on the list. Various breeds are often mistaken for pit bulls, for example.
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Provide supporting documentation. In the case illustrated above, documentation may include a letter from a veterinarian stating the true breed of your dog, and a copy of the HOA document listing all restricted breeds. This will help HOA board members clearly see that they are wrongly fining you.
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Wait for a response to your letter. Remember that HOAs are bureaucracies, so things can move slowly. Your letter may have to be discussed at the next HOA board meeting, which could be as much as a month away.
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Pay your fines while you wait for a response. Your HOA could put a lien on your home as a result of your failure to pay fines, whether or not you feel they are justified. You can try to recover any money you've paid later.
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Tips & Warnings
Document your interactions with the HOA in case you need to go to court later on.
If you have an issue with a rule that the board voted on, you have little recourse, since board members were elected by the community, including yourself. You may have better luck by convincing other members of the community to see your side of the issue, then appealing to the board as a group.
References
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