Just Say No to Homeowners Associations

Many have fallen to the allure of planned communities. The homeowners association attracts unsuspecting new homebuyers with the promise of rising property values and a perfect environment.

It is not until after the new homeowner moves in that he realizes that he has made a horrible mistake. He soon learns that the association is not there to manage the community but to manage him. He realizes that he has agreed to deed restrictions that greatly limit his legal rights and is now at the mercy of a cranky cabal of anal-retentive control freaks that care little about property values and a tremendous amount about having power over their neighbors.

When you buy your first house, your realtor will try to convince you that you have little choice but to sign away your rights and move into a deed restricted neighborhood. You may be tempted by the promise of a perfect life, but don’t fall for it. You’ll just be giving up your rights and handing your control over to a committee that cares little about your personal property and even less about you.

Start a Rebellion

If your homeowners association is out of control, consider uniting a group of your neighbors to join you. Many homeowners association meetings are poorly attended; therefore, a small group of organized people can move in and sway the votes. If necessary, your group of homeowners rebels can recall the board.

Contact the Press

If you are being bullied by your homeowners association and find yourself with inadequate resources to mount a proper defense, fight back in the press.

Contact your local news agencies in writing. Be sure to state your case clearly and make sure the reporter knows your home is at stake. Hopefully, your case will be compelling and get some attention.

If you can get enough attention from your fellow citizens, there is a chance that your association will bend under public opinion. The control freaks on your association board will be embarrassed when their bad behavior is splashed across newspapers and television screens.

Remember that associations do not want bad press. Bad press drives down home values. If you find yourselves with no other recourse, fight it in public where everyone can see.

Expose Your Board of Directors

Do you want to expose a member on your homeowners association board of directors? Post whatever you want about them here.

You will remain anonymous. They won’t.

Sue the Board of Directors

If particular members of your homeowners association board of directors are causing you misery and aggravation, take them to court.

Do not sue the homeowners association or the board of directors. If you sue the association or board, the board will just raise everyone’s dues to pay the judgement. Basically, the board members will not care, because the lawsuit will have almost not impact on them.

If you really want to get the attention of the actual individuals on the board, sue them personally. Sue the board members for anything and everything you can imagine. Sue them for loss of time. Sue them for legal expenses. Sue them for non-uniform enforcement of the deed restrictions. Sue them for pain and suffering. Sue them for stress counseling. Hopefully, the onslaught of nuisance lawsuits will create a financial burden on the troublesome board members and diminish the board members’ motivations for serving on the board.

Yes, it is awful that people sometimes have to resort to nuisance lawsuits, but a homeowner living in a deed restricted community has very few legal rights.