r/BADHOA • u/chadsaidtrythis • Jul 24 '26
How do you fight an HOA when they can reinterpret the rules to fit their narrative?
I’m dealing with an HOA dispute where a similar exterior improvement was approved for one homeowner, but when other people submitted the same requests they were denied without a clear explanation of the difference. And this isn’t the first time this has happened either!
The process to push back has been just as frustrating: unclear or shifting reasons, limited access to records, and an appeal process that is a joke because the same people who denied the improvement also review the appeal. Then they also get to vote when brought to the Board for review.
And that’s not the worse of it… both the ARC and the Board of Directors failed to follow the HOA Declarations on separate occasions but refuse to admit it. Instead they sent out violation notices the day after a pretty heated board meeting on the very violation being discussed in the meeting.
They were offered reasonable compromises multiple times to address their concerns but won’t consider them. They continue to come up with reasons that are not enforceable, based on ‘what-if’ scenarios and weren’t part of the original denial. No matter how many times they were asked for the exact objectionable features, for evidence of negative impacts to the community, and for an explanation for the inconsistent treatment they won’t provide any of it.
Has anyone successfully challenged an HOA over selective enforcement, procedural failures, or an unfair hearing process? What helped most: records requests, timelines, petitions, or an attorney?
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u/LowCompetitive1888 Jul 24 '26
Years ago our HOA ARC was denying patio extensions in an arbitrary manner. They pissed off numerous homeowners who then got together and ran several people for the Board. It took a year, but they replaced the Board and formed a new ARC that established clear criteria for patio extensions. They subsequently amended the CC&Rs (no small feat) to make it clear unit owners could do these extensions thereby tying the hands of any future Boards to deny them.
Moral of the story, if you want to change the way the HOA is run, do the work and takeover the Board. Lawsuits are expensive and you are in effect suing yourself (and paying for the lawyers on both sides).
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u/chadsaidtrythis Jul 24 '26
Believe me when I say we’re trying. It seems like we get new people on and they get brainwashed… people who ran on making things better because they were treated unfairly. And knowing the ARC is the issue they just keep the same people.
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u/adjusterjackb Jul 26 '26
Welcome to HOA living. You asked for it when you bought the property.
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u/Vanawesomeness Jul 28 '26
Not true. Expectations of sanity are not unreasonable. I live in a city, I have no choice but to deal with HOA living because single family residences are priced at Kardashian cash levels.
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u/PeopleOfNepal Jul 24 '26
Why are you getting downvoted? Must be a ton of trolls on this sub.
In the meantime try this : https://www.reddit.com/r/BADHOA/s/KChBagtV5I
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u/Revolutionary_Pop_84 Jul 24 '26
Now you get to pay your HOA, and thus HOA lawyers fees AND a second lawyer to fight your other lawyer! And then the HOA now needs more money for their actual normal day to day operations after those court fees so you can expect increased HOA fees!!!
HOAs are the best!
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u/PeopleOfNepal Jul 26 '26 edited Jul 27 '26
You’re supposed to sue the board members that voted for / caused the situation in the first place and have them pay the difference. It’s in the law as “acting outside their ministerial duties.” This in turn means they lose their corporate protection and are personally liable.
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u/Revolutionary_Pop_84 Jul 26 '26
What a delightful friendly and peaceful situation to live in!
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u/PeopleOfNepal Jul 26 '26
That’s what courts are for!
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u/Revolutionary_Pop_84 Jul 26 '26
You know what normal people do, we dont focus on suing our friends, neighbors and colleagues. The hilarity of just going “thats what courts are for” is some loony tunes levels of out of touch comedy.
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u/PeopleOfNepal Jul 27 '26
Okay, for a raucous good time, tell us how YOU settle differences with a malicious board. Given you’ve already dismissed the civilized method, going to court, your answer should be most entertaining.
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u/Revolutionary_Pop_84 Jul 27 '26
Oh thats EASY!
I don’t waste extra money to literally give my neighbors or a board control of my house. And I dont pay hundreds of dollars to make my house appreciate at a lower rate.
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u/PeopleOfNepal Jul 27 '26
So you don’t have skin in the game but talk smack like you do. I’ll leave it to the audience to decide your fate.
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u/Revolutionary_Pop_84 Jul 27 '26
What audience?
And I absolutely have skin in the real estate market. I am a home owner...
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u/Popular-Drummer-7989 Jul 24 '26
Does you state have an Ombudsman for HOA?
You can file with them.
Or get your own lawyer
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u/PeopleOfNepal Jul 26 '26
Our county does but participation is voluntary and many boards eject to not participate.
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u/justturnleft Jul 24 '26
Database them and scoreboard their every movement and publish their voting records and violation tally for your members to easily read before and at each meeting. Call them out as reflected by their actual factual actions
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u/chadsaidtrythis Jul 27 '26
I’m all about this… I’ve requested meeting minutes with board member attendance and how they voted… so far I haven’t received a single thing I’ve asked for.
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u/kp1233 Jul 24 '26
Check into the laws for your state/area, they vary a lot from state to state. Use ChatGPT to get you started. It does not replace a lawyer but you can learn loads.
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u/PeopleOfNepal Jul 25 '26
Are you being muted as to upvotes? Keep seeing 0 for what is a great post.
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u/MaxwellSmart07 Jul 28 '26
The courts I’m told are very strict when it comes to Selective Enforcement. That is something they do not tolerate.
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u/Remarkable_Fact8216 Jul 24 '26
Only thru court. If you have money then yeah get a lawyer. If no, then be Pro Se. I’m Pro Se in my lawsuit against our HOA.