A HOMEOWNER is furious after being blocked by his HOA from adding steps to access his backyard, despite the association’s initial approval.
The dispute began when Michael Cassar submitted plans to build stairs off his porch in 2020.
The HOA gave the green light, but months later, it reversed its decision, citing bylaws that forbade the structure.
Cassar, who lives in Greenville, South Carolina, expressed his frustration at the perceived arbitrariness of the decision, highlighting that other homeowners in his neighborhood had constructed similar steps without facing any issues.
Speaking to CBS local affiliate WSPA 7News, Cassar described the situation as unreasonable, stating, “For something as trivial as 3 steps, to face such resistance after initially receiving approval, was completely senseless.”
The situation escalated when Cassar was ordered to halt construction.
What started as a small, straightforward project quickly turned into a financial nightmare.
Cassar spent over $35,000, while the HOA piled on nearly $100,000 in legal fees.
“We spent over $35,000 based on three steps,” Cassar said.
After more than three years of back-and-forth, Cassar finally managed to push for mediation.
The HOA agreed to cover most of the costs, but the steps were still not approved.
Instead, Cassar built a removable metal staircase as a temporary solution.
Responding to the escalating number of conflicts akin to Cassar’s experience, state legislators are presently developing new laws to tackle the unequal power dynamics between homeowners and homeowner associations (HOAs).
Representative Val Guest proposed a bill that would require HOAs to implement internal dispute resolution processes, including mediation, before resorting to costly legal battles.
“If you can go get it done in a mediation and you don’t have to pay attorney fees, you end up with a better relationship with homeowners and the board,” Guest told WSBA 7News.
Currently, South Carolina has no clear process for resolving HOA disputes, leaving homeowners like Cassar to fend for themselves.
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.
The Department of Consumer Affairs has noted a significant rise in HOA complaints, with many citing similar frustrations.
Neighboring states like North Carolina have more comprehensive laws in place, which some believe could help alleviate the problem.
Attorney David Wilson, who specializes in HOA disputes, pointed out that North Carolina’s regulations prevent many issues from escalating in the first place.
“One of the big differences we see between North and South Carolina is NC has a comprehensive statute in place already,” Wilson said.
“The result of that usually is that some of the types of questions that become problems or disputes in SC would already be solved because there is a law in place in NC just because we don’t have anything in the books that says this is how it’s supposed to be done.”
“It’s a big enough problem that we feel we need to address it here in the statehouse, and we’re going to,” he said.
