Category Archives: HOA Issues

What First Amendment?

I had an odd phone call from a friend late last year, a few weeks before my book came out. I won’t share too many personal details, but this gentleman is retired, a wonderfully decent man who is well-loved in the community.

But he was next to tears as he said, “Do you know anything about Homeowners Associations?” With what I’ve been through over the past few years, I almost had to laugh. But I asked him to continue.

He told me that he’s lived in his suburban home for the past thirty years and it has never had an HOA. There’s nothing in his original real estate documents and he’s never paid dues to anyone. But he was stunned when someone knocked on the door and said the neighborhood was now represented by a Homeowners Association. The visitor noted a couple of things in my friend’s back yard that were not approved by the new board. One was a back fence that was six or so inches taller than nearby ones. The second was a little white gazebo in the back yard. It was unapproved and had to be removed.

“What do I do?” my friend asked.

For many years this gentleman has conducted weekly Bible studies in his home, not many people, probably just as many as you could fit into a small backyard gazebo. But apparently someone had complained and had called a meeting where a majority of those who showed up voted to reinstitute an HOA that’s been absolutely inactive for the past three decades.

I happen to know this neighborhood. It’s very clean, well-groomed with several dozen tidy one-story, mid-to-upper scale homes. But I also learned that this newly formed HOA is now represented by one of the most powerful, most aggressive HOA law firms in the country. At 70 years old, my friend doesn’t have the resources to go to court.

I do know something else. This gentleman’s Bible studies are going to have to come to a close.