Resident exploits loophole in HOA policy, now they can't approve changes to public streets in the community: 'They've stopped issuing violations altogether'

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Ben Weiss • Writer and Editor
Oct 24, 2024 2:00 PM EDT

Every so often, you come across a story where a resident managed to successfully pull a fast one on their HOA. Obviously, this is a rare occurrence. The vast majority of our HOA stories involve residents getting into failed legal battles with entitled Karens who have nothing better to do than enforce unnecessary rules and regulations. However, here, we have a Redditor who discovered a loophole in his HOA policy and worked to exploit said loophole from the inside.

As a board member himself, the original poster (OP) brought up the fact that public streets in the community were not considered a Common Element in the written HOA policies, meaning that various changes residents have chosen to make could not be approved or rejected by the committee. Sure, it's implied that the public streets would be part of those regulated areas, but if they are not expressly documented in the handbook, then the board has no right to enforce rules about them.

The fallout is that virtually every pending violation could no longer be issued, leading OP to realize that his discovery may have literally broken the HOA's ability to enforce pretty much anything. For more stories like this, check out this post about another resident's petty revenge against his HOA.

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  • 01
    "I think I broke my HOA"
    via Unsplash+ (Getty Images)
  • 02
    I think I broke my HOA Backstory: I read my CC&RS before I moved in, and the Board hates that.
    via LVDirtlawyer
  • 03
    The CC&Rs require that any modifications visible from the Common Eements requires an ARC.
    via LVDirtlawyer
  • 04
    The Common Elements are specifically defined. They don't include the streets. The practical effect is that a significant portion of the community would not require an ARC, including my own.
    via LVDirtlawyer
  • 05
    So, I make a change. I am on the Board. The rest of the Board claim it required an ARC. I told them where they could stick it. Counsel gets involved, claiming the
    via LVDirtlawyer
  • 06
    public streets were intended to be common elements. I tell counsel where he can stick it, explaining the history and legal precedent.
    via LVDirtlawyer
  • 07
    Counsel apparently goes back to the rest of the Board and management and recommends no violations can be issued
    via LVDirtlawyer
  • 08
    until the CC&RS are amended. Mind you, there are a whole host of potential violations out there that have nothing to do with my single issue,
    via LVDirtlawyer
  • 09
    but apparently they've stopped issuing violations altogether. Considering what it takes to Amend CC&Rs, they may not ever restart.
    via LVDirtlawyer
  • 10
    StratT... 13h ago • • This is, by far, the best way to combat an HOA board. Deal with them on the letter of the law and what it actually says.
    via LVDirtlawyer
  • 11
    Don't let board members elaborate or try to invent new rules
    via LVDirtlawyer
  • 12
    Ki77ycat 9h ago • . My HOA sent me a violation notice not to put my leaf bags at the street until the night before pickup.
    via LVDirtlawyer
  • 13
    Our streets are owned by the city and the HOA has no responsibilities in regards to the street. They can only regulate the lots,
    via LVDirtlawyer
  • 14
    common areas and HOA easements. The city's easement begins at the curb, over the sidewalk and then 2' onto my lot.
    via LVDirtlawyer
  • 15
    I wrote back, and explained that any violations committed are between me and the city, and if the city wanted to talk to me about it, they'll
    via LVDirtlawyer
  • 16
    send someone out to put a tag on my door that the leaf bags need to be moved from the street within 5 days.
    via LVDirtlawyer
  • 17
    Of course, by then, the city's bulk trash pickup would have taken them, so it's not likely that I would move them.
    via LVDirtlawyer
  • 18
    Point is, "the HOA has no power over me concerning the street and anything I choose to do in the street is my business with the city, not the HOA's.
    via LVDirtlawyer
  • 19
    The HOA management goon wrote back and then tried to appeal to "my sense of community pride"
    via LVDirtlawyer
  • 20
    and how it would make the community more appealing if I wait until trash day.
    via LVDirtlawyer
  • 21
    Then I explained that I do my yardwork on the weekend, travel Monday mornings to the airport and come home late at night
    via LVDirtlawyer
  • 22
    on Thursday, and our bulk trash day is Thursday, so, "No, I'm not going to stop putting the leaf bags at the street on Sunday evenings." Since then, not a peep.
    via LVDirtlawyer
  • 23
    Difficu... 13h ago • • New here - what do CC&R and ARC stand for?
    via LVDirtlawyer
  • 24
    TSSAlex • 13h ago CC & R Covenants, conditions, and - restrictions ARC Architectural Review Committee -
    via LVDirtlawyer

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suburbs hoa neighbors house neighborhood loophole neighborhood-drama neighborhood-stories entitled reddit thread Reddit home entitled people
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