Property owner calls out HOA for shady charges but gets ignored, does his own detective work and finds proof that's suable for $4,000: ‘You can beat the HOA—sometimes!’

Author image for Elna McHilderson
Elna McHilderson • Managing Editor
Feb 26, 2025 12:00 PM EST

It should be a celebration when you buy your own property. It's not an easy accomplishment to reach these days. Don't get us started on the real estate market! But, anyway, if you have been able to purchase your own place, congrats!! You are winning in life. After the many Reddit threads we have been through about all kinds of neighborhood dramas, might we suggest to opt out of the HOA if you can? Turns out that most of them are just run by shady, greedy, and entitled locals… You'd think that since the HOA is supposed to help the residents live their best life in that neighborhood, you should sign up! But, according to the internet, an HOA who actually gets things done is rare… 

Take, for instance, this HOA who has been trying to dupe this property owner out of HOA fees even though he doesn't get an HOA privileges. Like, why would you have to pay for something you literally don't get? His area is a mess, he doesn't get access to any of the local amenities, like… Why?? The property owner presented this question to the HOA and they basically ignored him. Then when he asked them to provide proof that his property is even in the HOA…

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  • Cheezburger Image 10472915712
    via Unsplash+ (and Getty Images)

    The image does not depict the actual subjects of the story. Subjects are models.

    They couldn't find any! They still cannot find the proof. And yet, they are still requesting the fees. They've asked for almost $4k! That's wild. So, the property owner is doing what he's gotta do and now he's prepared to sue the crud out of them. Heck yes! 

  • "I ***ked the HOA"

    Bought a house in a golf course community that is "deed restricted", not uncommon. The community has been around since the late 1950s and the HOA wasn't formed until the mid to late 1980s as the community was built out. That means that my property that was built in the 1970s was here long before there was an HOA.
    via MortonRalph
  • When the HOA was formed, they apparently went to the existing homeowners in the "old sections" and gave the owners a choice to join or not. My property was "opted in" by a previous owner, allegedly. When I got settled and wandered around the neighborhood, I noticed there were some pretty rundown properties. Being a former HOA member and having served on several boards, I was confused by these decrepit houses.
    via MortonRalph
  • I asked the property manager about it. "Oh, you live in the old section - you're not in the HOA." Really? Then why am I paying dues? What am I getting in return? Nothing. Everyone in this section who opted in at some point is an "associate member ", of which you get - nada. No access to amenities, no discounts at the clubhouse, no pool, no tennis, nothing. So what am I paying for?
    via MortonRalph
  • Now I go on the offensive. I attend a board meeting and during the public question section I ask the question - am I in the HOA or not? Now I am schooled on the arrangement. There's a patchwork of members/non-members in my section, meaning that I could be in the HOA and my neighbors might not be. They can park a junk car on their front lawn and nothing will happen, for example.
    via MortonRalph
  • Now it's research time. I ask for copies of the opt-in agreement for my property. Over a year later I still have nothing. So I go to the recorder's office. I spend a couple hours digging through everything I can find on my property and those in my section. BINGO! There are no deed restrictions recorded for my property! I go back to the HOA and ask them to prove my property is in the HOA. They can't, so they choose to ignore me.
    via MortonRalph
  • PRIVATE PROPERTY NO TRESPASSING
    via Unsplash+ (and Gene Gallin)
  • Side note: All HOAs are of a certain type you have the board who is run - by some retired bombastic military guy, or a bunch of older people playing power games, or, ideally, a "nice" HOA (I've been in one, really!) This was the first example.
    via MortonRalph
  • Two summers ago, the HOA was on a tear trying to pass an amendment to restrict short term rentals to a minimum of a month - they had tried a vote on this several times in the past, they always failed. But suddenly, by some bizarre chance, they got the - votes barely. They went so far to prove their point that before they announced the results that they had a local accounting firm audit the results.
    via MortonRalph
  • A couple months later, they fine. another owner for not registering their short term rentals. But - it wasn't a short term rental, it was a week-long reunion the couple who owned it was having, and the HOA police were wrong! The punch line? The owners are attorneys! They sued the HOA over the STR amendment and got it tossed out. The punch line to this - the HOA says they're "considering their options" for a response to the results of the amendment getting tossed. In other words, they got f ed bu
    via MortonRalph
  • I hired their attorney to go after the HOA. I presented my situation to the board. and their attorney. I got a nasty letter with so much legalese it made no sense - I asked them essentially to state that our property was not in the HOA and to hold us harmless for and future dues, assessments, etc. My attorney then went after them for the same. Their attorney relented and sent a letter stating such.
    via MortonRalph
  • WIN! It's several months later, and the management company, despite being presented with a copy of their attorney's letter, is threatening to put my "bill" for annual dues out to collection. I warned them not to, but if they do, my attorney is going to f them up. So you can beat the HOA - sometimes!
    via MortonRalph
  • IN CE SIGN HERE
    via Unsplash+ (and Getty Images)
  • P.S-There's more fun coming! I've notified the management company several times both verbally and in writing. with copies of the HOA's attorney's correspondence. They don't care, and I presume the HOA doesn't, either, so I'll just let them continue to send me dunning notices and ultimately put it out for collection. That's one thing... I fully intend to recover the monies paid to the HOA. It's about $4000 between annual dues and an assessment to settle litigation against them from members for an
    via MortonRalph
  • I am going to the next meeting with documentation in hand for the Board which I will present in their public forum, which will also make it get recorded into the minutes of the meeting. I'll give them 60 days to pay, after which my attorney will file an action to recover the funds. I will be the (former) member from H I. Every HOA has one, I'm proud to be the one!
    via MortonRalph
  • frankydank1994 Please let them send you to collections. I love when old geriatric play the FAFO game because they know and control everything within their eyesight. Update this sh when something goes down *** MortonRalph OP I will. In fact, I spoke to my attorney about it last week and he said to just say nothing and keep my head down. When I get a call or letter from a collection agency, he'll go into high gear.
    via frankydank1994
  • Arribean That's disgusting of them to tell you that you are in an HOA and not actually be. I'm sure if they actually treated you like you were actually part of it, we wouldn't be here today. Until then, I'm just going to pull up a chair and wait for updates. Will make sure the popcorn is going for all.
    via Arribean

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