Getty Images
Irena Green, a homeowner in Hillsborough County, FL, is speaking out after she was arrested and spent a week in jail.
And it all started out as a HOA violation involving her lawn.
Her story is indicative of how HOA violations can quickly escalate. If you live in an HOA, it’s your job to understand your rights during disputes so you can avoid the same fate and keep a violation from turning into a criminal charge.
How a Florida HOA dispute turned into a weeklong jail stay
The story goes like this: Initially, Green received a violation for her brown grass from her HOA. She was then cited for the dent in her garage and dirty, mildew-covered mailbox. The HOA then came after her for having a commercial cargo van that was a lot like the other ones in the neighborhood.
Following the citations and after Green ignored a mediation request, the situation intensified and the HOA filed a lawsuit against her. Representing herself in the courtroom, Green prepared a handwritten response, which was rejected by the judge and HOA.
Green missed her next court date, stating she never receive a notification. Regardless, the judge issued an arrest warrant and Green spent seven days in the Orient Road Jail.
“It makes me feel horrible. I work hard to buy this home for me and my kids in a better neighborhood and environment and to be taken to jail and to be treated like that for brown grass at my own home … that’s horrible,” Green said in an ABC Action news story.
Legal experts weigh in—where do HOAs draw the line?
Bruce Ailion, a real estate agent and attorney at RE/MAX Town & Country in Alpharetta, GA, who has no direct affiliation with this case, says extreme HOA disputes are the norm these days. “The last several years have seen significant abuses. It seems like almost every day, I am contacted by someone with a very serious situation with their HOA,” Ailion says.
Part of the problem is that more recently, property management and HOA management companies have consolidated. In the process, the responsiveness and quality of service declined—opening the door for smaller management companies to get into the HOA management business.
Most HOA documents require assessments, fines, and penalties, including interest, late fees, collection, and attorney fees. “What might have started out as a $50 per day charge can quickly grow to the thousands or tens of thousands of dollars if the homeowner decides to fight on principle versus comply. These are liens against the property, and usually, at settlement, title insurance will not be issued unless past-due charges are paid,” explains Ailion.
More times than not, the homeowner is at a disadvantage—they will usually lose and be assessed the HOA’s attorney fees as well as their own. “When someone contacts me in the early stages of a dispute, I advise them to suck it up and comply,” Ailion says. At the end of the day, litigation is seldom the best solution for the homeowner.
Even seeking to negotiate a settlement often fails because the HOA typically has the authority to do what it did. As for any due process concerns when homeowners, like Green, claim they weren’t notified, the reality is that they probably received multiple notices before things escalated.
“There are also likely regular communications from the HOA to its homeowners, so it’s odd when a homeowner suddenly states they no longer receive any community communications,” says Jonharold Cicero, a real estate attorney at DL Partners in New York City.
Even if their tenants collected the mail, or the home was vacant for months, that is not an excuse for not monitoring the mail. “Often, all the HOA is required to do is send a certified letter to the last address or the last known owner’s address. The HOA typically has that proof,” Ailion says.
How to resolve an HOA dispute—before it goes too far
“As a homeowner, you should try to find an amicable resolution from the onset of an issue. Effective communication to understand the reasoning behind the HOA’s position can help to prevent further escalation,” says David Kim, association attorney at Schwartz Sladkus Reich Greenberg Atlas LLP in West Palm Beach, FL.
If your efforts prove unsuccessful, you can always contact a local attorney to seek guidance and ask questions. Kim also advises HOAs to work collaboratively with their members to find a mutual agreement before resorting to legal action.
“While enforcement of the HOA’s governing documents is critical, HOAs are not required to immediately initiate formal proceedings when a violation occurs. Taking the time to explain to the homeowner why certain language is included within the governing documents and the intent behind that language, while also allowing for a reasonable amount of time to cure any deficiencies, often leads to the best results,” Kim explains.
“People buy into an HOA because they want property conditions, people’s behavior, and architectural style controls. If you can’t be compliant, owning an HOA may not be for you,” Ailion notes.