A HOMEOWNER is fuming after his HOA told him he can’t renovate his condo despite already having approval from the local council.
Adam Hardesty had a plan to transform his garage into an apartment in his three-story condo. However, he is encountering challenges with his HOA regarding the legalities of his project.
Hardesty, who is the Vice President of his Homeowner’s Association, took all legal measures before presenting the project to the community.
Living in California, Adam took the initiative to review zoning maps, seek advice from architects in the area, reach out to the city of Carlsbad for information, and talk to his neighbors. According to Cal Matters, he explored all possible avenues to make sure he was following the correct procedures.
Additionally, he reached out to the state’s housing department via email to get a better understanding of whether converting his garage into a separate living unit, known as an accessory dwelling unit, was allowed under the law.
Once he received the okay from the state, he began working on his new renovation as a way to help generate income for his family during his unemployment.
“[I wanted] to help offset the housing crisis and also provide affordable housing, but also to provide a revenue source for my family — why not,” Hardesty told the outlet.
Hardesty thought the renovation wouldn’t be an issue with the Mystic Point Homeowner’s Association, but he quickly realized he was wrong.
After proposing the idea to his fellow board members, he was told that converting his garage would start a ‘precedent’, and the board feared other neighbors would follow suit.
In turn, the renovations would lead to more people parking on the street instead of their garages.
Board member Mike Cartabianco told Hardesty in a lengthy text message that it would be an ‘uphill battle’ and he should rethink his project.
Despite the warning, the homeowner resisted Catabianco’s suggestions and filed a letter with the entire board.
Hardesty received an official letter of opposition from the HOA.
“Rest assured, this is coming down the pike and I would love for you all to participate in this project with me,” Hardesty emailed the board.
A couple of weeks after his email, Hardesty received a cease-and-desist letter from the HOA and was told that he could face legal action.
After opening the letter, Hardesty hired an environmental and land use lawyer Marco Gonzales to review the dispute.
Gonzales confirmed that the case could be taken to court, but its an expense Hardesty can’t afford.
“But you gotta have a homeowner with deep enough pockets and the risk profile to take it to the mat,” Gonzales said.
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.
Hardesty already spent $8,000 of his savings on his renovation and is still without a job, making it next to impossible for him to afford to take the HOA to court.
HOA debacle aside, Hardesty is set on completing the project.
In February 2025, he broke ground on his renovation without consent from the HOA.
The Mystic Point Homeowners Association did not immediately respond to The U.S. Sun’s request for more information.
