What to Do if Your HOA is Not Following Its Own Rules

13 December 2024

Let’s be honest—living in a homeowners association (HOA) community can be a mixed bag. Sure, it’s nice to have someone ensuring that landscaping stays pristine, or the neighborhood pool doesn’t turn into a swamp—but what happens when the HOA itself isn’t playing by the rules? Yep, it can happen. The very group tasked with keeping your community in order might just be the one causing the chaos. So, what do you do when your HOA isn’t toeing the line? Let’s break it down together.

What Exactly Is an HOA?

First things first, let’s get on the same page. A Homeowners Association (HOA) is essentially a governing body responsible for managing a neighborhood or community. When you buy property in an HOA-managed area, you automatically become a member. You agree to abide by the HOA’s rules—like keeping your grass trimmed, refraining from painting your house neon pink, or not parking your RV on the front lawn.

But here’s the kicker: The HOA itself is bound by rules, too. They’re usually outlined in governing documents like bylaws, covenants, conditions, and restrictions (commonly called CC&Rs). So, if the board starts breaking these rules, it’s like the referee is suddenly tossing the ball into their own net. It’s frustrating, to say the least.

Signs Your HOA Isn’t Following Its Own Rules

Not every mix-up means your HOA is breaking its rules—sometimes it’s just a misunderstanding. But there are telltale signs that things might not be above board. Here’s what to look for:

1. Selective Enforcement
Is your HOA cracking down on your neighbor’s unapproved fence but conveniently ignoring another resident’s towering jungle of weeds? Playing favorites or enforcing rules inconsistently is a major red flag.

2. Ignoring Governing Documents
HOAs are bound by their own CC&Rs. If their decisions are blatantly contradicting these documents, that’s a problem.

3. Lack of Transparency
Are there no meeting minutes? No financial reports? A functioning HOA should keep things open and transparent.

4. Failure to Hold Meetings
HOAs are supposed to conduct regular meetings where board members and homeowners discuss community business. If these meetings aren’t happening or homeowners aren’t being informed, it’s a sign something’s off.

5. Unapproved Expenditures
Is your HOA splurging on things not outlined in the budget? That could mean mismanagement or even misuse of funds.

Steps to Take When Your HOA Goes Rogue

So, your HOA isn’t abiding by its own rules—what now? You don’t want to sit back and let them get away with it, but you also don’t want to burn any bridges unnecessarily. Here are the steps to take:

1. Double-Check the Governing Documents

Before you grab your pitchfork, make sure you’ve read through the CC&Rs, bylaws, and other governing documents. (Yes, I know they’re probably mind-numbingly dull—but trust me, it’s worth it.) Sometimes what feels like a rule-break might actually be allowed under some obscure clause. Be informed before taking action.

2. Talk to the HOA Board

Often, issues with an HOA stem from simple misunderstandings. Reach out to the HOA board and ask for clarification. Maybe their intentions were good, but they just overlooked a rule. Approach the conversation calmly and respectfully—nobody likes a confrontation right off the bat.

Think of it as a friendly chat, not a courtroom drama.

3. Rally the Troops

If talking to the board didn’t work, you’re not alone in this fight. Other homeowners might be experiencing the same frustrations. Have informal conversations with your neighbors to figure out if others feel the same way. If the HOA is pulling a fast one on you, odds are they’ve done it to someone else, too.

4. Submit a Formal Complaint

Every HOA should have a formal complaint procedure. Write a clear, concise letter outlining your concerns, including specific instances where the HOA isn’t following its own rules. Include any supporting evidence, like meeting minutes, CC&R clauses, or photos. Keep a copy for yourself and submit it to the board.

5. Request a Hearing

If your formal complaint doesn’t lead to action, you can request a hearing with the board. This gives you the opportunity to present your case directly to them. Bring your evidence, stay professional, and stick to the facts.

6. Vote Them Out

Here’s the thing about HOAs: The board members work for you. If they aren’t doing their job, you have the power to remove them. Rally your neighbors and vote in new board members during the next election. If things are really dire, you can even push for a special meeting to initiate a recall vote.

7. Contact a Mediator

Sometimes things escalate to the point where you need a neutral third party to step in. Mediation can help resolve disputes without the need for expensive legal action. Check if your state offers HOA mediation services or hire a private mediator.

8. File a Complaint with State Agencies

Many states have specific laws governing HOAs, and some even have regulatory agencies. If your complaints are falling on deaf ears, it might be time to escalate the issue to the state level. Research your local laws to see if you have this option.

9. Take Legal Action as a Last Resort

Nobody wants to go to court, but sometimes it’s the only way to get your HOA back on track. If you’ve exhausted all other avenues, consult with an attorney who specializes in HOA law. Be prepared for this to get expensive and time-consuming, so weigh your options carefully.

Tips to Avoid Future HOA Headaches

You know what they say—an ounce of prevention is worth a pound of cure. If you’re moving into an HOA-managed community or joining a new HOA, here are some tips to keep things running smoothly:

- Attend Meetings Regularly: Stay informed about what’s happening in your community.
- Know Your Rights: Familiarize yourself with your HOA’s governing documents and state laws.
- Join the Board: Want change? Be the change. Serving on the board gives you a voice and a hand in decision-making.
- Foster Communication: Cultivate a good relationship with your board members and neighbors to create a more harmonious community.

When All Else Fails, Remember This

At the end of the day, your HOA is there to serve you and your neighbors. If they’re not doing their job, you have the power—and the right—to hold them accountable. Think of it like a tug-of-war: The HOA has the rope, but with enough teamwork (and persistence), you can pull things back in the right direction.

So, don’t settle for an HOA that runs rogue like a cowboy in a spaghetti western. Take action, stay informed, and stand up for your community’s best interests. You’ve got this!