HOAs have earned themselves a bad rep for being authoritarian and subversive, which is why homeowners need to familiarize themselves with their local community’s rules and regulations before engaging with its other residents.
If there’s a policy against grilling, make sure to abide by it! Furthermore, always keep your pets under control and clean up after them as often as necessary.
1. A Neighbor’s Car Was Towed
One woman shared on Reddit her experience with a neighbor parked their car unjustifiably on their driveway without permission, even after numerous communications to move it from there. Frustrated at being ignored, this person eventually called a tow truck because their presence caused so much disruption.
This was an extremely rude and unprofessional act. Parking on another person’s property is one thing; but parking directly in your own drive can cause great inconvenience as well as legal trouble for both parties involved.
Be familiar with your state laws and review HOA governing documents to make sure you’re not breaking any parking rules or towing regulations, which often stipulate that vehicles be left on private property in order to be towed from there.
In addition, if the car being towed violated your parking rules, towing may not be legal in the first place; therefore it’s essential that homeowners and the HOA stay in the loop prior to initiating towing services. Therefore communication and warnings should always be utilized prior to towing services being required as this allows everyone involved in keeping everyone up to date.
Note that not all cars towed away are necessarily stolen; sometimes, they’re simply being removed because they weren’t parked properly and sustained damage as a result of that negligence.
Before proceeding with legal proceedings, it’s essential that you first ask those who towed your car why it was taken, so that you can make an informed decision as to your next steps.
Unfortunately, parking issues are an all-too-common occurrence in many communities. They’re highly contentious issues that are hard to resolve; if this applies to yours it would be wise for everyone involved in creating parking policies that everyone agrees upon as these can help avoid further conflicts from developing.
2. A Neighbor’s Yard Was Destroyed
In some communities, Home Owner Associations can become much more than simply a forum for residents’ grievances; it can also become a source of legal and financial abuse. If the Board of Directors fails to properly manage funds or maintain common areas, this can wreak havoc among individual homeowners.
Homeowner associations typically need to collect dues or special assessments from members in order to fund necessary maintenance and repairs, as outlined by their governing documents. These amounts are then put aside into a reserve fund in case unexpected costs arise, such as common area painting or repairs.
If a homeowner association fails to set aside enough funds for these expenses, it could run short on funds and turn to homeowners for support. In such instances, an HOA might assess one-time fees or increase monthly dues in order to make up any shortfall.
Homeowners with issues regarding their HOA may try working through them with the assistance of a private mediator; however, complex disputes can quickly turn contentious and lead to costly litigation proceedings.
Avoiding conflicts within an HOA means making sure it abides by all relevant laws, rather than simply permitting homeowners to break them without being warned or prosecuted. Community management tools like newsletters, message boards and emails could help remind members about rules or standards that must be observed.
Your HOA could also be legally sued if it takes action that is illegal, discriminatory, or breaches its duties and functions outlined in its governing documents. A good lawyer will help determine if your case merits going before a judge and argue it based on similar prior cases that have already been decided in your favor.
An infringe upon an association’s rights to maintain or repair common areas is typically defined by violations to its governing documents, usually composed of covenants, conditions and restrictions (CC&R’s) and bylaws (bylaws). You can file suit against your HOA on these violations in small claims court, alternative dispute resolution (mediation or arbitration), or regular Superior Court if none of those procedures succeeds in providing relief.
3. A Neighbor’s Yard Was Destroyed
A homeowner’s yard is more than just their residence – it can also be seen as a valuable investment. A backyard can serve as a playground for their children to play in while taking in nature and hosting barbecues or events such as parties and barbecues. Furthermore, it can provide storage solutions for tools necessary for DIY projects.
As a homeowner living in an HOA, it’s essential that you understand both your rights and obligations. Your HOA should have a governing document which contains rules, restrictions and covenants regulating how you can use your property – this can include whether or not you can paint your driveway, what landscaping options are allowed and any approvals needed before adding an addition.
Your HOA has the legal responsibility of upholding its rules, which includes issuing violation notices if any rules are broken and taking legal action if the individual doesn’t pay. They can take matters further through small claims court if needed.
Your legal options also include filing a suit against your neighbor for violating the rules, especially if they were discriminatory in their actions or took steps which were unreasonable or unfair.
If your neighbor’s tree is encroaching upon your yard, take steps to have it removed by trimming branches and roots that encroach into your space – this may work, if not consult an attorney about your options.
As homeowners, most often the best course of action is to approach their neighbor directly and attempt to reach a peaceful resolution of the dispute through speaking directly about your side of things and making sure they understand.
Filing a lawsuit against your HOA may also be an option, however this process can be long and complex; to help navigate through it more smoothly you should seek assistance from an experienced attorney who will guide the way through.
If you can prove that one of your neighbors was acting unreasonable or discriminatory, the HOA may need to remove him/her from its board of directors in order to create a more effective organization and ensure they can keep your common areas well maintained.
4. A Neighbor’s Car Was Towed
Establishing reasonable and clear parking restrictions can be challenging for any HOA, be it condominium projects, single-family planned developments or rural communities with limited parking spaces. But with just a little effort from an association it can adopt and enforce fair and reasonable parking policies that will benefit all.
Most associations set a maximum length of time that members can leave their vehicles parked on common areas and driveways; this helps protect the appearance and value of neighborhoods while protecting home values.
While each HOA’s rules may vary depending on its specifics, most associations prohibit vehicles that are too bulky or unsightly aesthetically; this applies both for commercial vehicles as well as recreational ones.
HOAs also limit how long homeowners can park on public streets in their communities, which are usually maintained by local governments and may be open to general public access.
Of course, an HOA can still enforce parking restrictions on private streets that are solely used by its members. Just as in other types of HOA enforcement measures, it’s important to know what kind of streets can be regulated.
Public streets often lack HOA authority to enforce parking violations; on private streets however, HOAs can only enforce restrictions stated in their governing documents.
Step one in implementing a parking policy effectively is making sure all members understand its restrictions and its consequences, so associations should strive to communicate this message consistently and clearly to their membership.
Once all members have been informed, the association should provide notice to any member infringing the parking policy who violated their right by parking in violation. That notice should include an explanation that should allow for their vehicle being towed if applicable.
As an alternative to towing, your board could seek to communicate with the homeowner and encourage them to find an amicable resolution – this may involve in-person meetings or an appeal process.
