How to fight your homeowners association

When we first arrived, the HOA in our building imposed arbitrary rules, did a lackluster job maintaining the property and included difficult board members. Anonymous notes appeared on our door accusing us of throwing nonexistent parties. Neighbors shared all manner of other drama, including thwarted HVAC repairs, parking-spot disputes and bogus reports to animal control about a resident’s dog. All the stress, it seemed, stemmed from a single board member.

Eventually, a group of us decided to organize. We collectively chose a candidate who would run in the next HOA election to replace the problematic board member. We reached out to everyone we knew in the building, collected proxy votes and texted each other reminders about the upcoming election — and we won.

The outcome in my building was ideal. But it didn’t come easily. If you’re new to an HOA or in the throes of dealing with a troublesome one, here’s what to know.

If you have problematic board members …

Whether you’re dealing with HOA board members who abuse their position or who unfairly target certain residents, there are two ways to handle the situation, according to Jonathan Dessaules, a lawyer in Phoenix, who specializes in representing homeowners and consumers in HOA disputes.

You can either vote to replace them in your next HOA election or, if you want to take more immediate action, you might be able to petition to have them removed. “In Arizona, for example, the [HOA] members have the power to remove board members outside of a normal election cycle by getting a petition gathered of 25 percent of the owners,” Dessaules explains. “A lot of that depends on individual state laws.”

An HOA’s governing documents — such as the original declaration of covenants, conditions, and restrictions (CC&Rs); bylaws; and rules and regulations — often detail what’s allowed in the particular state. But you can also check with your property manager, who should operate independently of the HOA board. The position is “a liaison for the community,” explains Andrew Fortin, senior vice president of external affairs at Associa, the largest community association management company in North America. “And if they don’t know [the answer], they can ask counsel.”

If you’re dealing with arbitrary rules and restrictions …

We’ve all heard stories about ridiculous rules that HOAs sometimes attempt to enforce. They could involve paint colors, seemingly random parking restrictions, or vaguely worded policies, such as owners being allowed “a reasonable number” of pets.

In most of these cases, Dessaules says there’s power in banding together; getting your neighbors to speak up at your next HOA meeting is often an effective way to address arbitrary rules. But he notes that if the rules are contained in your community’s CC&Rs they could be tougher to amend.

The CC&Rs are like your HOA’s constitution. From there, you have lesser guidelines, such as the bylaws and the rules and regulations. “The bylaws are an instruction manual for how the board should be carrying out business for the association,” explains Fortin. “When you get to rules and regulations, those are the rules adopted by your community … that apply to the residents.”

The rules and regulations are usually where issues arise, and luckily, they’re also the easiest to change. They should reflect the values of your community, says Fortin. If residents are constantly violating one of them, he says that’s a sign the rule may not be terribly important and should probably be amended.

If you’re experiencing selective enforcement …

In some cases, it might feel like your HOA is selectively enforcing rules against certain individuals, which can be difficult to prove. If you feel like you’re being singled out, Dessaules recommends starting with a records request.

For example, if your request to install a gazebo in your backyard keeps getting denied while other neighbors have already done the same, he advises sending a letter to the board asking for all of the HOA’s prior gazebo approvals and denials. Those documents, says Dessaules, should help demonstrate whether you’re truly being picked on, or if there’s a legitimate rule behind your particular denial. “But without those records, how are you ever going to evaluate whether you’ve been singled out?”

If your HOA neglects maintenance and repairs …

I interviewed one Colorado homeowner for this story who said she was at her wits’ end due to poor management by her HOA board, which had failed to repair roof damage, rotting fences, broken mailboxes and more. “We pay $400 a month and yet seemingly have no recourse to make them hold up their end of the covenants,” she told me. “Everyone says, ‘vote in another board,’ or ‘get on the board,’ or ‘fire the management company,’ but none of those things have worked to date … we rarely are able to even get a quorum of homeowners to attend regular meetings.”

In cases like hers, sometimes legal action winds up being the only recourse. But most of the time, says Fortin, building consensus is easier than litigating.

When my neighbors and I were mobilizing to vote out the problem board member, we started a group text message that started with only a few residents and expanded over time, as word spread about our effort. Turns out we were onto something. Shanti Singh, the communications and legislative director at Tenants Together, advises starting small and growing from there: “[Organizing] sounds really daunting for any individual.”

If you’re considering legal action…

Some people hesitate to take legal action against their HOA because they feel like they’re suing themselves. But in some situations, it’s an appropriate last resort, like if your financial investment in your property is under threat, or if the HOA’s lack of action is creating an unsafe environment.

Before filing anything, hire an attorney who has experience with community association law, advises Fortin. “There’s so much passion around condos and HOAs because we’re dealing with where people live,” he says, explaining that it’s important to focus on the process of resolving issues — not the personalities.

Dessaules’ biggest piece of advice in these situations? Only sue if you have legitimate legal standing; never file on principle alone. “If you’re going to litigate on principle, you’re not going to be rational,” he explains, noting that legal fees rack up quickly — especially if you’re wrong. “If you’re dealing with that much of a jerk, move.”

Jandra Sutton is a writer in Nashville who covers wellness, lifestyle and culture.