Property owner who hasn't been part of the local HOA for over 25 years still gets fines and lien notice from HOA, takes them to court and wins a pretty chunk of change: ‘Another easy win!’

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  • Homeowner, property owner, discuss business with locals
  • "Another Easy Win"

    I own property next to an HOA. Over a year ago we were doing work on part of the property, clearing brush and replacing the fence in a field that is adjacent to the HOA. For
  • the brush removal we had a dumpster 100% on my property for a few weeks and then then the new fence went up almost exactly like the old one in the same location.
  • The HOA knows my property is not part of the HOA, this was litigated over 25 years ago when they formed and we've since had run ins but it seems it was that time
  • again. It seems every 7- 10 years there's a new board that refuses to acknowledge historical facts.
  • We received notices about the dumpster which were promptly replied to stating the property in question was not part of an HOA. This
  • of course did not work and they attempted to assess fines which received a cease and desist which they didn't reply to. Instead they
  • continued to assess more fines daily for the dumpster without further notice. They sent another letter and fine for the unapproved fence which received another cease and desist which was ignored.
  • They of course filed a judgement and requested a lien which we counter claimed for harassment and disruption of ongoing business activities. The
  • hearing was today, and of course we won another chunk of change from them but I still have to pay my lawyers. Even with legal fees and court costs, I'm coming out ahead.
  • Edit: The award I got included an amount for legal fees, it would have been less. I have a lawyer on retainer so fees are paid in advance, not contingent.
  • Gavel slams down in court against HOA fines, awarding property owner
  • paper-jam-8644 I'd send thank you notes to everyone in the HOA, thanking them for the nice contribution to your new fence. Make sure to name the board members who are harassing you and list the amount you've received over the years.
  • XClamX this considering the prior litigation 25 years ago. It amazes me when courts don't award fees on such frivolousness. I know they don't usually award them but when something is so obvious and at every turn they continue to pursue what they know is wrong, when does it end.
  • AnonyAus Do a pamphlet drop to the members explain how the HOA are wasting their money
  • Forsaken_Law3488 "The HOA had to pay me in court for made up claims: 2025: $ 2026: $ Thanks to all HOA members for your money and thanks to the HOA board for financing my next holiday trip."
  • Outdoors_or_Bust HOA logic: this property has never paid dues but we'll just go after then for the dumpster. Dumb.
  • Edith_Keelers_Shoes I wonder how the actual HOA members feel about having to foot the legal bills of a board who goes after non-HOA properties for HOA violations...
  • Prog-Shop HOA is the facism of the little man. Seriously, every time I hear stories about HOA, I am a german homeowner, I am in utter disbelief that this can happen in the proclaimed 'land of the free'. You can't change my mind. Arbitrary rules, for things no one cares about to pretend to be better when in fact you are not.

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