HOMEOWNERS are celebrating their victory over the HOA, which has been issuing them thousands of dollars worth of unexplained fines.
Some community members have even installed cameras to prevent HOA members from climbing on their rooftops to spot violations in private areas.
In a recent development in San Jose, California, residents of a condominium complex banded together and successfully ousted all but a single member of their Homeowners Association (HOA) board. This decision came after years of enduring a reign of fear at the hands of the board.
“I feel so excited,” resident Alberto Hernandez, who was selected to be one of the new incoming board members, told local NBC affiliate KNTV.
“I’m happy because we received a lot of support from all of the neighbors and people who have been with us since the beginning.”
Over the past couple of years, homeowners have complained about the HOA members slamming them with unnecessary, expensive fines.
“Honestly, they gave us no other option,” said Liliana Alvarez, one of the organizers of the recall effort who was also elected to a board position.
“It was either we do the recall, or we would be stuck with them.”
The community members had faced constant fines for seemingly trivial matters such as leaving garbage cans outside for too long, momentarily leaving vehicles unattended while unloading groceries, and even being reprimanded for having patio umbrellas that did not adhere to the prescribed color scheme.
Alvarez said she was issued 10 fines over the years totaling $2,000.
“It outrages me because this is supposed to be our home,” Alvarez told the outlet in February.
“Some people are in the dilemma of either paying rent or paying thousands in fines.”
Alvarez, who has owned her condo in Garden Park since 2009, said the HOA had “no respect for privacy.”
One concerned individual expressed, “I think those two are the main concerns that we as residents there have. And it’s not only homeowners, it’s something that also affects the renters here.”
Hernandez said he was charged almost $3,000 in parking violations, some of which were for cars he didn’t even own.
“They were not my cars,” Hernandez previously told KNTV.
“So, I thought it was unfair that they sent me the ticket just because I am the property owner.”
Now, new board members are hoping to change the broken system.
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.
Alvarez said the board is hoping to absolve unjustified fines that residents haven’t paid.
“Just send a warning,” she said.
“I feel like that way it’s going to give everybody an opportunity to know, ‘Ok, I’m not supposed to be doing this’ and correct it.”
Despite the ups and downs the community has been through, Alvarez thinks it will bring them closer together.
“Together, I think we can make this community safe without having to fine people to make it safe or make people follow the rules,” she said.
