A HOMEOWNER has been sued by their HOA over a fence in their yard – but their neighbor with the same violation is being ignored.
In St. Peters, Missouri, the Bellemeade Homeowners Association has used over $31,000 in a legal dispute by taking legal action against two homeowners for erecting fences on the sides of their yards.
Former HOA board member Sophia Sullivan-Eufinger quit over the “mind-boggling” spending, she told Fox News local affiliate KTVI.
She said HOA legal costs skyrocketed from $485 in 2020 to $31,000 in 2023.
These substantial expenses are connected to lawsuits initiated in 2022 concerning a regulation that permits homeowners to build fences solely in their backyard areas, excluding the sides of their plots.
A judge ruled against the HOA in one case, pointing out a house across the street had the same fence – but wasn’t ever sued.
The homeowners facing legal action have constructed fences that span beyond their backyards, enclosing sections of their side yards. The HOA alleges that this breaches the covenants established within the community.
Despite losing, the HOA is appealing the ruling, which has racked up even more legal fees.
The HOA board president wrote a letter defending the lawsuits.
“It’s unfortunate that very few homeowners don’t respect the restrictions that we have all agreed to,” the letter stated.
The HOA claims it enforces rules fairly but admits legal battles are costly.
A judge warned the HOA it can’t recover legal fees unless it wins.
The homeowner’s attorney slammed the HOA for wasting money on fights that could have been avoided.
“The homeowners association in this case has spent tens of thousands of dollars litigating a matter that could have been easily resolved by granting a minor variance from the restrictions,” the attorney said.
“Especially considering that numerous other properties in the subdivision already have fences that are out of compliance.”
Sullivan-Eufinger also flagged the HOA lacks umbrella insurance, which is required by its declaration.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
She questioned how funds are being managed as legal fees drain reserves.
“You’ve already lost. You’ve got to stop the bleeding for this community,” she said.
The HOA insists it has always had insurance and is working to increase coverage.
The organization said in a letter they’ve applied to raise the policy limits to include an umbrella of $5 million, KTVI said.
PETITION FOR PUBLIC MEET
Homeowners are now fighting back, circulating a petition to force a public meeting.
If 20% of residents sign, the HOA must answer to the community.
Bellemeade HOA attorney Todd Billy defended the lawsuits, claiming multiple attempts were made to resolve the issue.
“The board is committed to serving the community as a whole and will continue to do so,” Billy said.
Residents can review the lawsuits online, he added.
“It is surprising and unfortunate that several owners now want the Board to ignore the covenants while alleging that the Board is violating the covenants and threatening lawsuits,” Billy said.
