u/grepcoffee

▲ 6 r/HOA

[OK] and [SFH] - HOA board that enforces rules that don't actually exist in the CCRs?

I'm curious if anyone else has experienced this.
We've had HOA board members come onto homeowners' properties and issue violation notices for things that aren't even addressed anywhere in the CCRs. When you actually read the governing documents, the "rule" they're enforcing simply doesn't exist. It feels like they're making decisions based on personal preferences instead of what's actually written or what's best for the neighborhood.

What's even more frustrating is that this doesn't just affect existing homeowners. There have been new home builders who were forced to stop construction after the HOA demanded major design changes after the house was already framed. I'm talking about things like changing the orientation of the front door or relocating the garage doors—changes that should have been addressed during the plan approval process, not after framing is complete and the home is nearly ready for drywall.

These kinds of last-minute demands can cost builders and homeowners thousands of dollars and cause significant delays. If the plans were approved, why should someone have to redesign major structural elements because a board member changed their mind or has a personal preference?

Has anyone successfully challenged an HOA for enforcing requirements that aren't actually in the CCRs or for making arbitrary decisions? If so, what was the outcome? I'm interested in hearing how others have handled situations where it seems like the board is creating rules as they go instead of following the governing documents. They also keep making changes to the CCRs based on arguments they have with people just so it gets them in the right.

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u/grepcoffee — 4 days ago
▲ 14 r/HOA

[OK] and [SFH] - HOA Violation Notice 3 Weeks After Closing - Fence/Trash Issue

I just closed on a new construction home in an HOA community 3 weeks ago. Here's the situation and I'm wondering if I have any recourse:

The Timeline:

  • 1-2 week(s) before closing: Builder installed a wooden fence on the property (side fence) and a wooden panel gate in front to cover the trash bins. This was part of my purchase agreement and closing costs.
  • At closing: The HOA estoppel certificate stated "No violations against this unit." Everything was certified as compliant.
  • 3 weeks after I closed: HOA President shows up at my door and tells me the trash panel isn't adequately hiding the garbage cans from the street. They say it violates the CCR. Here's the relevant language:

>

My Questions/Concerns:

  1. How is this a violation that wasn't caught before closing if the estoppel certificate said "No violations"?
  2. The HOA President and a board member apparently visited during construction and saw the fence being built (the side fence is fine - no issues there). Why didn't they object then if there was a problem?
  3. The builder installed this, not me - it was part of the purchase agreement. Shouldn't the builder be responsible for making sure it meets HOA standards before selling me the house?
  4. Is it legal for them to issue a violation for something they certified as compliant at closing?
  5. Couldn't the HOA stop the sale of the house until the issues would have been resolved?

I'm not trying to be difficult - I want to be compliant - but this feels like something that should have been caught BEFORE I purchased, not 3 weeks after. Has anyone dealt with something similar?

reddit.com
u/grepcoffee — 2 months ago