HOA claims they are a ‘voluntary HOA’ that creates rules as needed and tells homeowner he cannot construct a garden in his yard, so he reports them for unlawful behavior

Author image for Lana DeGaetano
Lana DeGaetano • "Show me to me please."
Oct 31, 2024 10:00 AM EDT

Just when you think HOAs can't get any worse, they do. 

hey try to come after longtime residents who've never caused any trouble or even made so much as a peep about the rising cost of dues and new (probably unnecessary) rules. If you live in an HOA, you know that they run by the book. That's how they get most of their reasons for creating rules in the first place whether that be about grass height, basketball hoops, or even how you can use your own backyard.

Some are more extreme than others, as shown in the story you're about to read.

The man in this story constructed a beautiful garden in his yard after consulting with his direct neighbors about his plans. The man decided to do this because he wasn't aware of any rules against gardening in his "voluntary HOA", but was quickly told that he needed HOA approval to continue having his garden. So, he requests approval and almost immediately gets denied. Some phone tag, law-breaking, and phone calls to the state office later, and Mr. Gardener has his idyllic oasis and the Karen who denied his request has stepped down. Scroll below to get the full story in detail.

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  • 01
    ❝4 months later, not one peep, and the new secretary who took over shortly before my war has stepped down."
    via Unsplash+ (Drazen Nesic)
  • 02
    HOA tried to refuse my garden
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    As the title says, I started February 2024 installing the 4x4 posts for the outer perimeter of a 24x24 garden for my family. I bought extremely nice products, and spared no expense for
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    wood, PVC dipped fencing, etc. I consulted my directly affected neighbor who said, "it's your yard, do what you want." About 2 weeks into the
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    project, I receive a call from my HOA architectural committee Karen. She informs me my pool must be approved. I'm flattered that my baby boomer secretary of the HOA
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    across the street neighbor though my large garden was sufficient enough for a pool. I informed HOA Karen that it was a garden and not a fence which would need
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    approval. She retorted with the notion that I needed approval for it. After a snarky comment of "how long have you lived here?" I replied with a decade and I've never
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    been bothered by the architectural committee after painting my cedar siding house 2 different times, built a fort from the ground up, etc. Well the committee ebbs and
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    flows and so does the rules enforcement.... I'm sorry, the F you just say?! Anyways, I play nice and submit my garden proposal which is
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  • 10
    promptly rejected 1 week later. I had a very nice pre-typed email requesting the minutes from my meeting where I was rejected, and the minutes, discussions, and
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    subsequent approvals of about 8 gardens within my community which are akin to mine. Within a few minutes Architectural committee Karen forwards this google doc to her husband, who's
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    not on any committee of the HOA at all. Stupid b .... now I have ammo for breaking confidentiality as a fiduciary on the HOA. I was told that they are a "voluntary HOA" and
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    therefore not upholding. to any of the HOA, or POA laws of Virginia and my request for records and a meeting with the board was denied. I was a paid member of the "voluntary HOA" in good standing.
    via RXDIRTBAG
  • 14
    Cue my anger. I continue to build my garden and know that there is no way in that I will let HOA Karen stop my family from having this and will just pay the $900 max fine for a continuous offense. 2 weeks pass
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    and I receive another email from Karen citing that I was not approved and that my construction is considered "noxious and offensive." Undoubtedly, this was so they could enact another
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    fine for some bulls • That ped me right off enough to get ready for war against this b I contact the Virginia office for common communities ombudsmen and they delightfully
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    inform me that Karen, the architectural committee, and indeed the entire HOA board and anything has not been run lawfully or within the bounds of their rights. The have closed door meeting to discuss applications and release no evidence or
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    records of the meetings when asked. I send a final email stating that since no meetings ever happened that were announced and open for discussion, I was denied records and a rebuttal meeting, HOA Karen
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    violated my privacy by forwarding my private info and email to her husband, and well past the maximum of 30 days has passed for my application to lay over for my "official decision," the application was thus,
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    granted. Any more mention of the garden would be considered harassment and litigation would ensue. The entire architectural committee asked for access to the google document one at a time, followed finally
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    and lastly by the HOA president himself. 4 months later, not one peep, and the new secretary who took over shortly before my war has stepped down. Victory for my garden and don't f with me. No, no I am NOT
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  • 22
    NEW here, and no rules cannot simply ebb and flow in a community of homes $400-800k. Edit: "Voluntary HOA" to enforce 50 year old CR&Rs. CR&Rs make
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    ZERO mention of gardens and are airtight as to not be changed unless 75% of every single home votes to change it. With the voluntary HOA numbers at 35%, that'll never happen.
    via RXDIRTBAG
  • 24
    CR&Rs were being imposed upon me by a "new" architectural board after a decade of living here. Previously, most of the CR&Rs have been abandoned and not enforced.
    via RXDIRTBAG
  • 25
    Even as a voluntary HOA, the Virginia office of Common Interest Communities Omnibudsman says they must still operate under POA laws because we have common entrances areas that are maintained by said voluntary HOA.
    via RXDIRTBAG

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