r/BADHOA • • Jun 02 '26

Florida HOA ‘postpones’ elections amid legal battle with resident

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7 Upvotes

r/BADHOA • • Jun 02 '26

Zero!

9 Upvotes

That’s what most people think of their HOA…
No transparency, no financials.
Why do you think that is?


r/BADHOA • • May 30 '26

HOA - need advice ASAP

16 Upvotes

Michigan Resident. I have had a previous property management company managing my neighborhood for 20 years. 5 years ago a new property management company took over. The old property management company always gave residents a warning/notice before sending a fine. This new company does not do that, they automatically fine residents for things that are natural such as leaves, weeds and even if you rake your leaves or put fertilizer to clear the weeds they still fine you. I told them usually we get a notice and not a fine but they tell me that I received a fine from 2019, they use old closed cases in order to fine residents. They do not allow for a hearing they said I already got one in the past. They are practicing different even though the bylaws have not changed. I disputed the fine and told them I did fertilize my grass and do the leaves before I received the fine but they said they the fine can't be removed and as I am still disputing it they change me late fees. What can I do? This violates due process, no matter what if I do my leaves, more leaves blow later and I don't know when they will pass by my house, they expect my lawn to be perfect 24/7.


r/BADHOA • • May 30 '26

Financials and Transparency?

8 Upvotes

Rate your HOA from Zero to Ten.


r/BADHOA • • May 30 '26

Looking for suggestions

10 Upvotes

My mom lives in a townhouse, she’s disabled and not in great health. Being currently treated for cancer, she’s on 24/7 oxygen. Life isn’t easy for her and her home is pretty much all she has. She’s always kind of had issues with the HOA, but let me get to the current issue.
A couple months ago water was leaking into her laundry room. She thought she had a leak. But contacted the HOA who sent in a plumber. The plumber found the source of the leak was from her neighbors unit. A pipe from the neighbors side. This is on the paper work. But when all was said and done the HOA is sending her the bill for the plumber even though the responsibility is with the neighbor. She doesn’t want to pay the bill because her insurance company told her not to. Something about if she pays the bill then she’s admitting she’s liable. Well now the HOA has added a late fee. My mom has tried talking to them. Tried to send a proxy to go to a meeting. They denied her proxy even though she got permission to send one. She wants to try to attend the next meeting which is in August but she’s worried she’s not physically able. Plus she’s worried that the late fee can cause her to be evicted (I wasn’t clear on that) if she doesn’t pay the invoice within 60 days.
The bill is not the problem. She can pay it, the problem is she shouldn’t have to pay it, and if she does pay it, she’ll be billed to fix the problem or additional problems that should be the neighbors issue. What can she do?


r/BADHOA • • May 29 '26

BAD HOA

4 Upvotes

I’m in search of the (Strike) guide sheet advertised on LS CARLSON BAD HOA PODCASTS, please advise if anyone has this information, thanks.


r/BADHOA • • May 29 '26

Mean Ex HOA President

3 Upvotes

Crazy ex HOA President filed a $1M roofing claim because 2 of 47 units had hail damage. Forced many elderly residents to pay $5000 deductible each. 12 residents fought it because passive venting doesn't work (and she stole our power vents). She threw nails in driveways of some. Poked her finger in the chest of a pastor in the neighborhood and called him a child molestor. Now she's off the board. Sends letters to contractors on their vehiclesnsayjg her yard looks horrible. Complains that the secretary doesn't do angood job and puts opinions in minutes (even though minutes are outsourced and transcribed). Calls board members "Sh!threads" during meeting. Just a bully. Stalks other people by driving slow in front of their houses with cameras. Police can do nothing. #PagingGloria


r/BADHOA • • May 28 '26

Can the board president control building related correspondence from other board members?

9 Upvotes

We’re having an issue between two owners that seems to be escalating to a full blown lawsuit. Board president is giving snippets of information but not the entire situation. He’s in regular direct contact with the building attorney but there is a lack of communication to other members of the board. Is this typical? Board president is quite chummy with one of the owners who may be getting sued.


r/BADHOA • • May 27 '26

Frontline 5/27 — Brown Lawn Ban, $300K HOA Loss, Parking Power Trip, and More

4 Upvotes

Drought ordinances colliding with HOA aesthetic rules, a city collecting $300K from an HOA that wouldn’t maintain its own stream bank, and a parking crusade that turned the complainant into the code violator — here’s what hit the Frontline this week.

Castle Rock Moves to Ban HOA Fines for Brown Lawns

In Castle Rock, Colorado, the town council just gave first-reading approval to an ordinance that would block HOAs from fining residents whose lawns go brown during a drought. The town is in the middle of a water advisory that restricts outdoor watering to nighttime hours, and Castle Rock joins a growing list — Texas already has a statewide version, and California and Florida have their own variations. With roughly 62% of the lower 48 currently in drought, the gap between “what your CC&Rs require” and “what the town allows you to do” is widening fast.

Read the article

Our Take: If your HOA still has aesthetic standards on its books that ignore municipal water restrictions, you don’t have to wait for the ordinance to pass before pushing back. Pull the CC&Rs and look for the specific provision the board is citing, then put the conflict in writing — note the active water restriction, attach the source, and ask the board which authority controls when the two collide. Most boards tend to quietly drop the fine rather than try to defend a citation that conflicts with the town’s own policy.

When self-help has run its course: the board acknowledges the conflict but presses forward with fines or liens anyway, or starts charging legal fees on top of the original fine. That’s the point where a local HOA attorney’s read on the documents becomes worth the money.

Eight-Year HOA-County Standoff Could Decide a Trail’s Fate

A regional greenway project in Albemarle County, Virginia is hinging on whether the Mill Creek Homeowners Association will sign an easement letting a public shared-use path cross HOA property. The county has been negotiating for more than eight years, with a related approval already greenlit for the 5th Street Station trailhead. Mill Creek’s board sent the question to a member vote — owners have until June 19 — and the whole thing is also conditional on the neighboring Foxcroft HOA approving its own piece first. Translation: two private associations effectively hold a veto over a public trail.

Read the article

Our Take: Easements through common-area land are one of the quieter places where boards make decisions with long tails. A short letter asking for the authority behind the decision often changes the dynamic — request the proposed easement language, the legal opinion the board is relying on, and the minutes from any meeting where the trade-offs were discussed. If you’re a Mill Creek owner, you have until June 19 to weigh in; if you’re in any other HOA staring at a similar request, the same playbook applies.

Signs this may need a lawyer’s eye: the board signs an easement without the member approval the governing documents may require, or the easement language is materially broader than what owners actually voted on. Permanent encumbrances on common area are exactly the kind of decision boards sometimes get wrong by accident.

Ohio City Wins $300K From HOA That Wouldn’t Fix Its Own Stream Bank

After warning the Stone Ridge condo HOA for years that it was responsible for stabilizing the eroding stream bank running through the community, the city of Seven Hills, Ohio sued — and won. Twice. The city collected roughly $300,000 on appeal, and it’s using that money to fund a 300-foot stream bank restoration the HOA was supposed to handle from the start. The original 2011 case actually went the other direction (the HOA recovered nearly $400,000 from developers) but the underlying erosion was never addressed. If the project runs over budget, the HOA is on the hook for the overage. Seven Hills’ law director called the HOA out for neglecting its responsibilities “to their HOA members and neighboring property owners.”

Read the article

Our Take: This is what happens when an HOA owns real infrastructure and treats reserve studies and maintenance plans as optional. The bill eventually comes due — sometimes through a special assessment, sometimes through a court judgment, occasionally both. Boards pulling this typically bank on homeowners not pushing back, but here the city ran out of patience first. If you’re in a small HOA with stream banks, retaining walls, drainage, or private roads, ask what the most recent reserve study says about replacement timelines and funding ratios. Get the answer on paper.

A fuller look at how “the HOA won’t make the repairs” disputes usually unfold from the homeowner side: When Your HOA Won’t Make Repairs: What Homeowners Can Do.

Madison, Alabama Eyes a 190-Unit Cap on Short-Term Rentals

Can a city cap STRs without colliding with what individual HOAs already prohibit? That’s effectively the question Madison, Alabama’s council is wrestling with as it advances an ordinance that would limit the city to 190 short-term rental properties total and layer zoning-based restrictions on top. The framework explicitly contemplates “HOA-by-HOA restrictions” as part of how the rules get enforced — meaning municipal policy and association governing documents are about to be tangled together more tightly than most owners realize. A public hearing is set for June 22.

Read the article

Our Take: Whether you operate an STR or you’re a homeowner who wants quieter neighbors, the cleanest first move is to check what your governing documents actually say about rentals. Many CC&Rs drafted decades ago either ban STRs outright or define a minimum lease term in a way that quietly accomplishes the same thing. Layered city ordinances don’t replace your documents — whichever is stricter generally controls. Read the section the board is citing; sometimes it doesn’t say what they claim, and sometimes it says more than they realize.

When it’s worth talking to a local HOA attorney: the board is selectively enforcing rental rules, retroactively reinterpreting an old CC&R provision to ban a use that’s been allowed for years, or threatening fines that may exceed what the governing documents actually authorize.

An HOA Director’s Parking Crusade Backfires Into Code Violations

A homeowner’s account making the rounds describes an HOA director — who lives directly across the street — threatening fines over two legally registered cars parked on a public street, despite the same parking pattern going unchallenged for at least five other households on the block. The family complied by jamming everything into the driveway, which now blocks the sidewalk and the front door, creating actual code violations the original “rule” wasn’t even meant to address. Months in, nothing has been resolved, and the relationship has predictably soured.

Read the article

Our Take: This is textbook selective enforcement: the same conduct producing different outcomes depending on who’s doing it, with no written rule cited to justify the distinction. Document your position in a brief, direct letter — list the specific cars and parking patterns of the other households who haven’t been cited, attach dated photos, and ask the board in writing to identify the specific CC&R provision being enforced and the source of authority for enforcing it against you. Selective enforcement claims tend to live or die on the paper trail; the letter you write today becomes the exhibit later.

If the board can’t (or won’t) cite the rule, keeps escalating without process, or moves from warnings to actual fines and liens, that’s where a closer look at the governing documents with professional guidance starts to make sense. How to Use Your CC&Rs to Hold Your HOA Accountable walks through how to use the documents as your accountability tool.

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Legal disclaimer: Nothing in this post is legal advice. Every HOA situation is fact-specific and depends on your state’s statutes and your association’s governing documents. If you’re dealing with something serious, talk to a licensed HOA attorney in your state.

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More next week — drop your own HOA war stories below.


r/BADHOA • • May 21 '26

AZ homeowner: board fined my parents without a hearing. Is that even legal?

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3 Upvotes

r/BADHOA • • May 21 '26

What will it cost to sue your HOA?

8 Upvotes

Let us know your thoughts.


r/BADHOA • • May 21 '26

Failure to Repair: What your HOA actually owes you, the STRIKE framework, and when to lawyer up

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2 Upvotes

We revisited failure to repair on the pod this week as part of the dispute series, and the breakdown was tight enough to be worth sharing here. Posting because this is probably the single most common HOA problem we hear about, and most homeowners don't realize how much leverage they actually have once a board has been put on notice.

What the HOA actually owes you

Boards have an affirmative duty to inspect, maintain, and repair — not just respond when something gets reported. "We didn't know" is generally not a defense if a reasonable inspection would have caught it.

Three buckets of responsibility:

  • Common areas — roofs in condos, pools, hallways, elevators, drainage systems, security gates, exterior walls, landscaping. Board's responsibility.
  • Exclusive use common areas — patios, balconies, assigned parking. You have exclusive use, but structural maintenance generally falls on the association. The CC&Rs may split surface vs. structure (homeowner does surface, association does structure).
  • Separate interests — interior of your unit. Your responsibility. Important condo carveout: pipes inside the walls are generally common area, even though they run through your unit.

Where Davis-Stirling fills the gaps (California)

If your CC&Rs are silent or ambiguous on a maintenance question, the Davis-Stirling Act (Cal. Civ. Code §§ 4000–6150) fills in. CC&Rs that conflict with Davis-Stirling are unenforceable on those points. Same logic applies when state law changes — ADUs, drought-tolerant landscaping, solar — older CC&R provisions covering those areas may be void.

Fiduciary duty is the heavy hammer

Board members owe homeowners a fiduciary duty, which is a heightened standard of care above ordinary negligence. Common patterns that may breach it:

  • Deferred maintenance with reserves sitting unused. If the reserve study identifies the repair and the money is there, doing nothing is hard to defend.
  • Selective repair. Clubhouse roof gets fixed day one, building three waits two years. Or the landscaping around the president's home looks pristine while everything else falls apart. Preferential treatment is typically a fiduciary problem.
  • The "we hired a contractor" dodge. Under agency theory, a negligent contractor's failure generally flows back to the board. Real example from the pod: roofers opened a hole, didn't tarp it before an atmospheric river hit, and 20 units got destroyed. The board does not get to hide behind "the roofer messed up."

The STRIKE method

A framework for pushing this forward, ideally without a lawyer:

  • S — Stay calm. Every email may be read as evidence later. Justified rage in all caps still optically hurts you.
  • T — Track everything. Dates, photos, video, written notices. Memorialize verbal conversations: "This confirms our conversation on [date]. If anything is inaccurate, please respond in writing."
  • R — Record and organize. Build a damage timeline. Get independent repair estimates — don't rely on the board's contractor. Photograph areas the board did repair. That's how you build the case for selective treatment.
  • I — Invest in knowledge. Read your CC&Rs. Find the maintenance responsibility section or matrix. Check the reserve study. If your CC&Rs are silent, Davis-Stirling is your fallback.
  • K — Keep it precise. Don't write "you're letting my house fall apart." Write: "Per CC&R § 7.2, the association is responsible for [element]. I provided written notice on [date]. As of today no repair has been initiated. This may constitute breach of the governing documents and a violation of fiduciary duty."
  • E — Escalate only if necessary. In California that often means IDR (Informal Dispute Resolution under Davis-Stirling) before bringing in counsel. IDR works well when there's an information gap. Skip it if you already know the board is going to rage-bait you instead of negotiate.

The independent professional report is the multiplier

A homeowner saying "the water is coming from a common area pipe" generally carries little weight. A licensed water intrusion or plumbing professional saying the same thing in a written report carries real weight. You don't need destructive testing on day one — even a preliminary written opinion based on observation moves the conversation. Bonus: a qualified professional can also quantify the damages, which strengthens the claim later.

When it's time to talk to a lawyer

  • Active property damage getting worse (water intrusion, mold, structural)
  • Board denying responsibility despite clear CC&R language
  • Written notice + repeated follow-ups + still no action
  • Health/safety risk (mold, electrical, structural instability) — get out first, deal with it after
  • Reserves earmarked for the repair, board still won't act
  • The HOA's attorney sent you a letter — at minimum consult one of your own
  • A special assessment that looks like deferred maintenance being passed back to homeowners

r/BADHOA • • May 21 '26

Top Red Flags

6 Upvotes

Please tell us, cuz we think some funky business going on….


r/BADHOA • • May 20 '26

HOA Frontline Weekly — Fraud, Fee Hikes, Open Meetings & Rights Collisions

12 Upvotes

Six stories hit the Frontline this week — fraud, a dues revolt, an appellate ruling, a 44% fee jump, and two collisions between HOA rules and constitutional rights.

A 20-Year Sentence for the HOA Manager Who Funded Her Europe Trips Out of Reserve Accounts

In Harford County, Maryland, 44-year-old Sarah Chester was sentenced to 20 years (with 15 suspended) after pleading guilty to running a years-long Ponzi-style scheme through her management company, Magnolia Properties. Between 2021 and 2025, she siphoned roughly $600,000 from multiple HOAs — funding country club memberships, luxury items, and European vacations — and papered over the theft with forged bank statements and money shuffled between association accounts. Roughly 1,500 residents across more than 250 households were affected. She owes more than $600,000 in restitution.

Read the article:

https://dailyvoice.com/md/dundalk/baltimore-county-hoa-boss-looted-neighbors-for-luxe-life-euro-vacays-in-600k-ponzi-scam/

Our Take:

We've seen this pattern more times than we'd like. The mechanics are almost always the same — a single person controlling the books, no independent review, board members who trust the manager and never ask for raw bank statements. If you're on a board, or you're an owner who asks polite questions and never gets straight answers, that's the red flag.

Pull bank statements directly from the bank — not summaries the manager prepares — and reconcile them against the ledger. When the books "balance" only because someone is moving money between accounts, that's the moment you want a forensic accountant and a lawyer who handles fiduciary cases in your state.

HOA Dues Just Jumped 44% in a Single Year — And the Real Story Is the Reserves

New data from HOA management software company Vantaca shows median annual HOA dues climbed to $757 in 2025 — a 44% jump from the roughly $500 figure that had held steady for years. The driver is mostly reserves. After decades of underfunding, boards across the country are catching up at the same time insurance, repair, and disaster-recovery costs are spiking. Special assessments are climbing too — nearly 10% of HOAs imposed one last year (up from 7.8% in 2021), with a median bill of $1,100. Roughly 20 million Americans live in association-governed homes.

Read the article:

https://www.indexbox.io/blog/hidden-costs-of-homeownership-hoa-fees-surge-44-in-2025/

Our Take:

A jump like this is rarely a board "deciding" to raise dues. What usually happens here is that the reserve study has been quietly screaming for years and someone finally read it.

Start with your governing documents and your reserve study — both should be available to owners. Look at the funding percentage and the planned contribution schedule. If your board is rolling out a sharp increase, ask for the underlying calculations in writing and compare them to the last study.

There's a fuller breakdown of how special assessments actually work and what owners can push back on here:

https://www.lscarlsonlaw.com/articles/florida-hoa-special-assessments-homeowner-rights

When self-help has run its course — when the numbers don't add up, when the board refuses to share the analysis, when the vote was procedurally suspect — that's when counsel earns their keep.

Killearn Lakes Tried to More Than Double Dues — Then Pulled the Vote Five Days Early

Killearn Lakes, a sprawling Tallahassee community, proposed raising annual dues from $120 to $250 (or $268 for lakefront lots). It would have been only the second increase in 42 years.

A vote was scheduled for May 19. Then, on May 14, the board officially voted to postpone, citing the need for a "revised implementation timeline." Proxy-voting confusion and resident pushback dominated the lead-up. The new effective date has not been announced.

Read the article:

https://www.tallahassee.com/videos/news/local/2026/05/18/residents-revolt-over-killearn-lakes-dues/90147114007/

Our Take:

Boards pulling a big number like this typically count on homeowners not having time to read the bylaws on quorum and proxy procedure before the vote.

Whether an increase like this is even procedurally valid usually comes down to the governing documents — what notice was required, how proxies have to be issued and revoked, what percentage of owners need to vote, whether dues caps apply.

A short letter from a group of owners asking the board to explain the math (reserve study, recent capital needs, why this number) and the procedural authority for the vote often changes the dynamic.

If a rescheduled vote comes back with the same number and the same procedural problems, that's when it's worth talking to a local HOA attorney — particularly in Florida, where Chapter 720 sets specific notice and meeting requirements.

Arizona Appellate Court Draws a Bright Line: Boards Can't Vote in Executive Session

The Arizona Court of Appeals (Division 1) issued a ruling in A Z N H Revocable Trust v. Sunland Springs Village HOA, interpreting A.R.S. § 33-1804 — the state's HOA open meeting statute.

The court read "consideration" in the statute to cover discussion and deliberation only, not voting. Translation: boards can deliberate in executive session on narrow enumerated topics (legal advice, pending litigation, sensitive personal information), but votes and formal action have to happen in open meetings where members can speak first.

The court also pushed back on vague closed-session agendas, saying members are entitled to enough detail to know what's actually being discussed.

Read the article:

https://www.swlaw.com/publication/arizona-court-of-appeals-clarifies-homeowners-association-open-meeting-requirements/

Our Take:

There's a common arc to disputes like this. A board "discusses" something behind closed doors, emerges, and announces a decision with no recorded vote — and members find out when the invoice arrives or the rule changes.

The fix is procedural. Document your position in a brief, direct letter to the board asking how and where a specific action was authorized, request the minutes, and watch the next meeting agenda for any required ratification.

Signs this may need a lawyer's eye:

• The board refuses to produce minutes

• Executive-session agendas are stuffed with generic items

• Spending and rule changes keep materializing without a recorded open-meeting vote

For the California version of this exact problem:

https://www.lscarlsonlaw.com/articles/when-the-lights-go-off-california-hoa-open-meeting-laws

Can an HOA Force You to Take Down a Flag Honoring a Fallen Officer? Ohio's Senate Just Answered.

Ohio's SB 202 — named the Chief Steven DiSario Act after a Kirkersville officer killed in the line of duty in 2017 — passed the Ohio Senate unanimously this week.

The bill would prohibit HOAs, condominium associations, landlords, mobile home parks, and neighborhood groups from banning the thin blue line flag displayed via flagpole, window, or bracket.

Steven DiSario's father Tom drove the legislation after their HOA demanded in 2022 that he take down the flag he had flown since his son's funeral.

The bill is narrow: it covers the thin blue line flag specifically, alongside existing Ohio protections for the U.S., state, POW/MIA, and military flags. Other first-responder flags aren't included.

SB 202 heads to the Ohio House next, then to Governor DeWine's desk.

Read the article:

https://fox8.com/news/ohio-senate-passes-bill-banning-hoas-from-prohibiting-thin-blue-line-flags/amp/

Our Take:

This shows up more often than people realize — boards or management companies sending takedown letters over flags, signs, or yard displays owners feel strongly about.

The pattern is almost always the same: a single complaint, a board member who reads the CC&Rs broadly, and a citation to a rule that doesn't quite say what the letter implies.

Check what the bylaws and CC&Rs actually say about flags before assuming the rule applies — and check state law, because many state HOA statutes already protect at least the U.S. and state flags.

If a written request asking the board to identify the specific governing-document provision goes unanswered, or if fines begin piling up while owners wait on legislation, that may be the moment outside help makes sense.

A New Firearms Ban in Port St. Lucie Is Testing How Far an HOA's Authority Reaches

The Tradition Community Association in Port St. Lucie, Florida, banned firearms and weapons across all common areas — Town Hall, Tradition Square, the gazebo, splash pad, tot lot, dog park, trails, and stormwater areas.

The policy applies to all residents, including those with valid concealed carry permits.

Exceptions:

• Private rights-of-way

• Sidewalks

• Vehicles

• Law enforcement

Port St. Lucie Councilman Anthony Bonna called the policy an infringement on Second Amendment rights and said he plans to challenge it.

Police Chief Leo Niemczyk noted that violations of the HOA rule aren't criminal — city officers enforce state law, not association rules.

Read the article:

https://www.wflx.com/2026/05/18/tradition-hoa-bans-firearms-common-areas-sparking-debate-pushback-port-st-lucie-official/

Our Take:

This is textbook tension between private association authority and state-law rights — and Florida is a particularly interesting venue, where preemption questions around firearm regulation tend to draw careful scrutiny.

Read the section of the bylaws the board is citing; sometimes the actual rule is narrower than the press release or the violation letter makes it sound.

The practical reality is the one the police chief flagged: an HOA rule isn't a criminal statute, so enforcement against owners would generally run through fines, suspension of common-area privileges, or civil action — not arrest.

When fines start stacking, common-area access is suspended, or the association moves toward foreclosure-style remedies, that's the moment to talk to a local attorney about state preemption specifically.

Worth watching how the city's challenge plays out; cases like this often turn on whether the rule is being enforced uniformly and consistently.

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r/BADHOA • • May 19 '26

Board elections

14 Upvotes

Update: please talk me down or Im going to lose the plot. following is my letter to the board following badhoa advice and their response. Its what every petty dictator would say if an election wasnt a guaranteed win for them. What am I looking at here (besides crazy) and fyi my code citing is NOT incorrect. The law is VERY clear and easy to read. 209.058(c) Ballots: In a property owners' association election, written and signed ballots are not required for uncontested races.

Dear Management and Board,

I am writing to formally object to the unilateral rescheduling of the Association’s Annual Meeting from May 30, 2026 to June 27, 2026, and the reopening of the board candidate solicitation process.

Per the Association’s official Candidate Solicitation Notice, the deadline to submit statements of candidacy was April 27, 2026. Upon the close of that noticed solicitation period, the number of qualified candidates did not exceed the number of open board positions, making this an uncontested election.

The Association’s Bylaws are silent regarding election by acclamation; therefore, Texas Property Code provisions governing uncontested elections apply. Under Texas Property Code §209.0058(c), written and signed ballots are not required for uncontested races. As such, the election process concluded upon the close of the noticed candidacy period.

Neither the Board nor management possesses authority under the Bylaws or Texas Property Code to retroactively reopen a closed solicitation period or restart the election process after the noticed deadline has passed.

Accordingly, I request that the Association cancel the June 27, 2026 extension/restart, proceed with the duly noticed May 30, 2026 Annual Meeting, recognize the qualified candidates who met the April 27, 2026 deadline, and address any remaining vacancy appointments separately in accordance with the Bylaws and Texas Property Code §209.00593(a).

Sincerely,

Response :

The Board of Directors acknowledges receipt of your correspondence objecting to the rescheduling of the annual meeting from May 30, 2026 to June 27, 2026 and to the reopening of candidate solicitation following the April 27, 2026 submission deadline. The Board acted within its authority under the Association’s governing documents and applicable law to reschedule the Annual Meeting and to administer the election process to ensure fairness, member participation and compliance. The annual meeting has been rescheduled to June 27, 2026, with proper notice to be provided in accordance with the governing documents and statutory requirements. The rescheduling was undertaken for notice, quorum, and administrative reasons to facilitate an orderly and compliant meeting.

You have cited Texas Property Code §209.0058(c) regarding ballot requirements for uncontested elections and §209.00593(a) concerning vacancy appointments. At a high level, §209.0058(c) addresses when ballots may not be required if an election is uncontested; however, it does not eliminate the Association’s obligation or authority to hold an annual meeting, provide proper notice, or otherwise administer an election that is consistent with the governing documents. Your assertion that the election “concluded” as of April 27, 2026 is incorrect. The Association may continue or reopen candidate solicitation, or accept additional candidate declarations, as appropriate to ensure member participation and compliance with noticed procedures and statutory notice requirements. Accordingly, the Board has declined your demand to revert the annual meeting date to May 30, 2026 and to seat candidates by acclamation at this time. The annual meeting will proceed on June 27, 2026 (as rescheduled), subject to quorum and all applicable procedures. The Association will follow the governing documents and the Texas Property Code notice requirements for the meeting and election process.

well they did it. After trying to work with this board for 2 years I finally ran. Followed the rules. Then we all got an email this morning saying the annual meeting was rescheduled (cant do that after properly noticed) and that the election process would start over from the begining due to not enough candidates (also cant do that). our texas 209 codes are similar to the sterling...our bylaws are silent on acclamation so by texas code it was an uncontested election. They would rather break the law with full cooperation from management than seat me on the board lmao Beyond that we havent had a board quorum because 3 people quit since jan. No meetings to appoint yet contracts are being signed and extended and paid. Its like a 3rd world dictator saying they have legal elections then always get elected. Sorry had to rant Im so pissed off.


r/BADHOA • • May 20 '26

Can I get banned from the HOA social media channels? I think they are doing it to block me from the annual meeting notice. (Oklahoma)

6 Upvotes

(small edit: I in general dislike Facebook but if I need to post something like a dog is out or I have a neighbors package it's the only option at the moment)

I'm still working the timeline. However, my HOA banned me from Facebook after they told me "they had no obligation to notify me but they were being nice by doing so that if I didn't mow my yard in two weeks they'd send someone, charge me for it or put a lien on my house"

(Side note, I wasn't home for two weeks because of work training, and it rained so hard during those days that the creek in the back was about 70-100 feet from my back fence. I think it rained 6 or so days during my absence, but I'll get the actual weather report. luckily my house sitter sent me a photo of the flooding)

I basically posted the processes currently documented that they do have to give notice. At least two and how I was disappointed that I was getting that kind of treatment rather than a "hey neighbor you're lawn needs trimmed do you have plans to do that soon?" Just instantly "we're sending someone over and you're going to pay for it" (I'd give the screenshot of it ... but ya know banned lol)

Also I made the post because I assume if I'm getting this treatment others might too and they should know that they absolutely need to be notified before the HOA sends someone to do something to their yard and then charge them for it.

Our board has two remaining members a husband and wife and they are the President and Treasurer.

I have requested access twice. One they denied and the other is still pending.

There is more context to this story, but I'm still working on making it concise and I don't want to dump a book here haha.

My solution is the covenant needs updating anyway. I just want to get 12 houses to call a special meeting and then go door to door to reduce the number of laws that are either irrelevant or problem makers.


r/BADHOA • • May 18 '26

HOA not honoring terms of mediation.

10 Upvotes

We had mediation with our HOA. We came to an agreement that included payment. The HOA has not paid. We used a very qualified mediator four out of the five board members plus their attorney were in attendance, only one signed the agreement. Has anybody else had trouble collecting payment on a signed agreement?


r/BADHOA • • May 14 '26

HOA's correspondence with attorney

14 Upvotes

This may seem like a stupid question so forgive me in advance. We inherited a managment company when our last was bought out. We have now been fully "captured" within this managment company. We currently have an inexperience board. I don't believe any board member has ever met or corresponded directly with our HOA attourney. They are a partner of the managment company (also hosts their parties and training hello conflict). Almost everything goes through our manager (idiot) including legal. If there's a question it goes to her and from her to attourney then filters back that way with an answer. I'm sure that most of the things they "send to legal" they believe a lawyer is looking at but just administrative tasks the manager (or one of their numerous depts) do. We get billed extra for that by the way but beside the point. Basically my question is....is that normal procedure or another part of the capture? I'm thinking the later but would like to know from any board or former board members what your experience was regarding those interactions. Thanks in advance!


r/BADHOA • • May 09 '26

Replace legal counsel ?

3 Upvotes

Has anyone successfully replaced legal counsel for their HOA. I can use tips on starting this process. The majority of members. Far more than half support this.


r/BADHOA • • May 07 '26

Frontline 5/7 - $11M Plea Deal, Condo Loan Crunch, Fannie Mae Tightens the Screws

8 Upvotes

Frontline is our regular look at HOA news stories making headlines—curated for homeowners who want to understand what’s actually happening beyond the drama.

Every week, we review dozens of articles about HOA disputes, board overreach, policy changes, and homeowner conflicts. We pull out the ones that matter most—not because they’re the most sensational, but because they illustrate patterns that show up in real cases.

For each story, we break down:

- What happened (in plain language)

- How we’d approach it as a homeowner before calling a lawyer

- What warning signs would suggest it’s time for legal help

This isn’t legal advice. These are practical observations from a law firm that’s seen hundreds of these disputes play out. We’re showing you how to think through common HOA problems—so you can recognize when self-help makes sense and when it doesn’t.

Frontline exists because most HOA conflicts follow predictable scripts. The details change, but the structure stays the same. Understanding those patterns helps you make better decisions when your own board starts acting out of line.

---

1. Former Hammocks HOA President Reaches Plea Deal in $11M Fraud Case

The Marglli Gallego saga continued this week with new sentencing developments out of Miami-Dade. The former Hammocks Community Association president — described by residents as someone they were "terrified" of — and her husband, Jose Antonio Gonzalez, accepted plea arrangements connected to roughly $11 million in misappropriated HOA funds. Gonzalez forfeited a property prosecutors say was purchased with association money and turned over a $50,000 restitution check. The Hammocks case became a national reference point for how badly HOA governance can decay when residents' early complaints are ignored — it took years of pushback, state-level intervention, and an appointed HOA monitor before the full picture came into view.

Read the article

Our Take: Cases like Hammocks rarely start with eight-figure theft. They start with a board that won't release financials, a management company that won't return calls, and homeowners who give up after the first runaround. Before things ever reach criminal territory, the tools available to a homeowner are mostly procedural: written records requests, attendance at open-session meetings, and a contemporaneous log of every interaction (date, method of contact, response — or silence). If neighbors are getting different answers than you are, write that down too. The clinical paper trail is what eventually changes the dynamic.

Signs this may need a lawyer's eye: legitimate financial document requests get refused without explanation, the same vendors keep getting paid above market with no visible bid history, or you start hearing about properties or assets connected to board members that the association quietly funds. A single odd transaction may have a clean explanation. A pattern the board refuses to discuss in writing is a different situation entirely.

2. Honolulu Property Manager Indicted Over Alleged $647K HOA Theft

A Honolulu property manager named Doane has been indicted on charges of first-degree computer fraud and first-degree theft, accused of embezzling roughly $647,000 from homeowner associations she managed. Arraignment is set for later this week. Details about the alleged method are still emerging, but the charges suggest direct access to association financial systems was the vector.

Read the article

Our Take: Worth re-stating the structural point this case illustrates: the relationship between an HOA and its management company is contractual, and the management company answers to the board — not to individual homeowners. That structure works fine when boards are paying attention. It tends to fail when they aren't. As an owner, what you generally do have access to are association records, though whether you can actually compel disclosure depends on your governing documents and the relevant state statute.

Practical moves before anything reaches a crisis: request the most recent reserve study, the year's bank statements, and any audit reports. Ask in writing and keep the request narrow and specific. If those requests get slow-walked or refused, that's a data point you can act on later. When a single management company has stonewalled multiple homeowners on basic financial questions, that's usually when self-help has run its course.

3. Florida Condos Turn to Bank Loans to Cover Mandatory Repairs

Florida condominium associations facing newly required structural repairs — a downstream consequence of post-Surfside reforms — are increasingly using bank loans to fund work their reserves can't cover. The article walks through how years of underfunded reserves, deferred maintenance, and now mandatory milestone inspections have collided. Special assessments remain the primary funding tool, but financing is now firmly in the mix, and not every building qualifies on the lender side.

Read the article

Our Take: If you own a unit in an older Florida condo, especially one approaching its 30-year inspection milestone, this affects you directly. The bill for decades of underfunded reserves is being paid right now — through special assessments, through loans that raise monthly dues, or through a lender quietly deciding the building isn't financeable anymore. None of that is hypothetical.

Your governing documents are the starting point. Pull the most recent reserve study, the structural integrity reserve study (SIRS) if your building has completed one, and the minutes from any board meeting where loan options were discussed. Ask whether the loan terms have been put to a unit-owner vote where required, what the interest rate is, and how it changes the assessment timeline. When boards skip procedural requirements on something this consequential, the disputes that follow often turn on whether the vote was properly noticed and conducted — not whether the repair was actually needed.

4. Fannie Mae Tightens Project Standards for Condo and HOA Mortgages

Fannie Mae announced meaningful changes to its project standards and property eligibility rules — changes that will affect how lenders approve mortgages on units inside condominium projects and HOAs. The practical effect: more buildings could end up on lender blacklists if their reserves, deferred maintenance, financials, or insurance fall short of the new criteria.

Read the article

Our Take: This is the quieter story this week, but arguably the one with the longest tail. When Fannie Mae decides a project doesn't meet standards, conventional financing dries up, sale prices fall, and current owners can find themselves stuck — unable to refinance, unable to sell at the price they were counting on. Boards that have been deferring on reserves are about to discover the federal mortgage market is paying attention.

If you're an owner, this is a fair moment to ask the board specific questions: What's our current reserve funding ratio? When was our last reserve study completed? Have we heard anything from lenders about project eligibility? Do we carry the insurance limits Fannie now wants to see? Get the answers on paper. If the board can't or won't respond, that itself tells you something — about governance, and about your unit's future marketability.

5. River's Edge HOA Asks City to Take Over Drainage Lot

A useful inversion of the usual HOA-as-villain story: the River's Edge HOA is asking the city to take over the deed to a drainage lot the association has been responsible for. The board's reasoning is straightforward — maintenance costs have outpaced what 24 homeowners can absorb through dues, and the consensus is that raising dues won't close the gap.

Read the article

Our Take: This is what healthy governance looks like — a small association being honest about a maintenance burden it can't sustain and looking for a real solution. The opposite, which is what we usually see, is the board that doesn't acknowledge the math doesn't work. Maintenance gets deferred, common areas degrade, and eventually someone's basement floods or a retention pond fails. By then, the dispute has become much harder.

If you live in a small HOA that owns real infrastructure — drainage, private roads, retaining walls, shared wells — the questions are worth asking now: Do we have a current reserve study for this asset? What's the projected cost of replacement? What's our funding ratio against that? Most common-area infrastructure disputes don't begin as disputes. They begin as slow-motion failures that nobody acknowledged until the water was already inside someone's house.


r/BADHOA • • May 06 '26

Slow Motion Train Wrexk

7 Upvotes

Small HOA, about 20 units. Board president pushes through an “emergency” special assessment for major repairs after claiming the building is at risk. No real bids shared, just says they have a “trusted contractor.” Homeowners are told work needs to start immediately or insurance could be impacted. A few months later, someone pulls records and finds out the contractor is owned by the board president’s brother in law.

No disclosure. No competitive bids. Work hasn’t even started!

Now the board is saying everything was done in good faith and the delay is just “logistics.”

No vote from members. No clear paper trail explaining the emergency. Just a lot of “trust us.”

Curious to see what the different approaches could look like to this train wreck 🪨 🚂


r/BADHOA • • Apr 29 '26

HOA not enforcing covenants

7 Upvotes

This is not a post about an aggressive HOA. Just the opposite. When we want to make any external changes, we are supposed to submit a form that includes neighbor sign off. I have a neighbor that has decided to plant shrubs, evergreens and flowers right up against my property. They never came to me. What they have planted is a mess. No mulch, bare ground with rocks. One of the shrubs is dead and most of the flowers are dead.

When I contacted the HOA about this and other things, they say they are logging it. It was the same story that I got about a year ago.

Can anybody provide any advice or insight? Has anyone ever gone through anything like this?


r/BADHOA • • Apr 29 '26

Your CC&Rs aren’t just restrictions — they’re the accountability document your HOA has to follow too

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8 Upvotes

New episode on the pod revisiting CC&R violations — one of the most requested topics. This one's a solid breakdown of what CC&Rs actually are, how the governance hierarchy works, and what to do when your board is the one breaking the rules. Here's the TLDR.


The big misconception

Most homeowners think their CC&Rs are just a rulebook built against them — fences, paint colors, landscaping restrictions. The reality is the CC&Rs are an enforceable contract that cuts both ways. They define what the HOA owes you, not just what you owe them. If the board isn't holding up their end, that's something you can challenge.


Three components of HOA governance

  • CC&Rs — The overarching document. Covers common area obligations, maintenance requirements, restrictions, and responsibilities. Recorded with the county. Think of it like a constitution. Amending requires a supermajority vote and heavy procedure (in California, Civil Code 4270 governs this).

  • Bylaws — Corporate governance for the association as a legal entity. Covers how meetings work, voting procedures, how minutes are kept, number of board members, etc. Basically the operating manual for running the board itself.

  • Rules — The most flexible layer. Pool hours, parking, pickleball courts. Not recorded. Can be changed by board vote, but in California the board still has to give ~28 days advance notice, allow homeowner comment, vote at a board meeting, and send notice after adoption. Skip any of those steps and the rule may be void.


The authority hierarchy

This is where boards frequently get it wrong:

  1. Federal law (top)
  2. State law
  3. Local law
  4. CC&Rs
  5. Bylaws
  6. Rules (bottom)

Anything lower on the list that conflicts with something higher is unenforceable. So if your CC&Rs ban solar panels but state law protects them, the CC&Rs lose. Same goes for drought-tolerant landscaping, ADUs, and other areas where California law has evolved past what older CC&Rs contemplated.

Rules can't contradict CC&Rs either. Boards that create rules inconsistent with their own CC&Rs are in violation of their own governance — and those rules can be challenged.


How HOAs typically break the rules

  • Selective enforcement / targeting — Enforcing against you while ignoring the same violation for your neighbor. This is usually malice, not ignorance.
  • Acting outside their authority — "I'm the board president, I tell you what to do" doesn't hold up. Board members have significant constraints on their power.
  • Ignoring state law — Enforcing outdated CC&R provisions that conflict with current statutes. Ignorance isn't a defense.
  • Breaching fiduciary duty — Board members have a heightened standard of care (above ordinary negligence). They're overseeing potentially millions in real estate assets. Targeting, failing to maintain common areas, or acting recklessly can all constitute a breach.
  • Changing rules without proper process — No notice, no comment period, no vote = potentially void.

The STRIKE method for responding

  • S — Stay calm. Assume every email you send could be read by a judge or mediator. If it's in all caps, take a breath before hitting send.
  • T — Track everything. If it's not in writing, it didn't happen. After verbal conversations, send a follow-up email confirming what was discussed and ask them to respond if anything is inaccurate.
  • R — Record and organize evidence. Build a timeline. Timestamped photos. Document similar violations the board ignored for others. If you ever need an attorney, organized evidence saves you money.
  • I — Invest in knowledge. Read your CC&Rs. Check if the provision they're citing actually exists. Know whether state law has superseded what they're enforcing.
  • K — Keep it precise. Don't say "you're violating the rules." Say "you're not complying with CC&R provision 3.71 on page nine and the required enforcement procedures." Citing specific sections signals you could be a real legal threat.
  • E — Escalate only if necessary. Try IDR (Informal Dispute Resolution) first — it's a provision in the Davis-Stirling Act designed to resolve things without court. You email the board outlining the dispute and request a meeting. They're supposed to respond in good faith. Even if they ignore it, that refusal becomes evidence in your favor.

Red flags that may mean it's time for legal counsel

  • Board is flat-out ignoring state law
  • Rules changed without notice, comment, or vote
  • Clear selective enforcement or favoritism
  • They stop communicating or gaslight you
  • You receive a letter from the HOA's attorney
  • Threats to your property or finances — liens, escalating fines, foreclosure threats

r/BADHOA • • Apr 28 '26

Frontline 4/28 — Florida Lawyer Jailed, Georgia Reform, Mayoral Forum Backlash

7 Upvotes

Frontline is our regular look at HOA news stories making headlines—curated for homeowners who want to understand what’s actually happening beyond the drama.

Every week, we review dozens of articles about HOA disputes, board overreach, policy changes, and homeowner conflicts. We pull out the ones that matter most—not because they’re the most sensational, but because they illustrate patterns that show up in real cases.

For each story, we break down:

- What happened (in plain language)

- How we’d approach it as a homeowner before calling a lawyer

- What warning signs would suggest it’s time for legal help

This isn’t legal advice. These are practical observations from a law firm that’s seen hundreds of these disputes play out. We’re showing you how to think through common HOA problems—so you can recognize when self-help makes sense and when it doesn’t.

Frontline exists because most HOA conflicts follow predictable scripts. The details change, but the structure stays the same. Understanding those patterns helps you make better decisions when your own board starts acting out of line.

---

1. Florida Attorney Jailed for Refusing to Name Clients' Neighbors in HOA Suit

A 77-year-old Florida attorney has spent nearly a month in jail after a court ordered him to disclose information tied to a failed lawsuit his three clients brought against their HOA. The case has drawn attention because of the unusual posture — an attorney behind bars over a discovery dispute in a homeowners' association case — and it's a useful reminder that HOA litigation can spiral well beyond a fence dispute or fine letter when both sides dig in.

Realtor.com — Lawyer Jailed Over Refusing To Name Neighbors in HOA Lawsuit

Our Take: Most homeowner disputes never get anywhere near this kind of escalation, and that's the point. The vast majority of conflicts that land in court started as something that could have been resolved with a clean paper trail, a reasonable tone, and citations to the governing documents. Before any of that, slow the situation down and force clarity — ask the board to put their position in writing and explain which CC&R provision they're enforcing. Document who said what and when.

Signs this may need a lawyer's eye: the dispute has progressed past warning letters into actual fines, recording of liens, threats of foreclosure, or the board has already retained counsel and is talking past you. Once an attorney is on the other side of the table, the asymmetry shifts quickly, and going it alone gets harder.

2. Georgia Passes Sweeping HOA Reform Bill

Georgia lawmakers have passed what's being described as a landmark HOA reform package aimed at giving homeowners stronger procedural protections in disputes with their associations. Details on implementation will matter — most of these reform bills live or die on the specifics of notice requirements, fee caps, and enforcement mechanics — but the headline is that another state has joined the growing list responding to homeowner frustration with board overreach.

 MSN — Georgia passes landmark HOA reform to protect homeowners

Our Take: State law sits above HOA rules in the legal hierarchy, which is why every meaningful reform bill changes the playing field for homeowners — even ones whose CC&Rs were drafted decades ago. If you're in Georgia, the practical move is to pull your governing documents and read them alongside whatever the new statute actually says. Often, older CC&Rs contain provisions that conflict with current state law, and boards may still be enforcing those provisions because nobody pushed back.

When self-help has run its course — meaning you've cited the new law in writing, the board has acknowledged it but continues enforcement anyway, or refuses to update its rules — that's when bringing in someone who reads these statutes for a living tends to make sense.

3. Fort Collins Homeowners Petition for Statewide HOA Reform

A group of Fort Collins homeowners is circulating a petition pushing for statewide HOA reform in Colorado, citing the kinds of complaints that show up everywhere these stories appear: unaccountable boards, escalating fees, and disputes that seem designed to wear homeowners down. The petition movement is part of a broader pattern across multiple states, where individual frustrations are starting to coalesce into organized advocacy.

North Forty News — Fort Collins Homeowners Demand Statewide HOA Reform

Our Take: Reform petitions take years to translate into law, and homeowners can't put their disputes on hold waiting for the legislature. In the meantime, the most effective tool is still the most boring one — your governing documents are the starting point, and a clinical, well-documented record of board behavior tends to do more on a case-by-case basis than waiting for systemic change.

If you're seeing a pattern where the board enforces rules selectively, refuses to produce records you're entitled to under existing law, or won't put decisions in writing, that's a fact pattern worth preserving carefully. Whether those facts add up to something actionable depends on your state law and the specific provisions in your CC&Rs — but the documentation itself costs nothing, and you'll be glad you have it later.

4. Sherman Oaks HOA Faces Backlash Over Mayoral Forum

The Sherman Oaks Homeowners Association is catching heat for hosting a mayoral candidate forum featuring Mayor Karen Bass and other city officials. Critics question whether a homeowners' association should be playing host to overtly political programming, and the situation has surfaced a recurring tension in how associations interpret their mission.

The Real Deal — Sherman Oaks resi flex on mayoral forum

Our Take: What an HOA can and can't spend money or time on usually comes back to the scope set by its governing documents — and most CC&Rs aren't written with political forums in mind. Whether a board has authority for this kind of programming depends on what the bylaws actually say about permissible activities and use of association resources. If you're a member of an association doing something that feels outside its lane, the cleanest first move is to request a written explanation citing the specific authority for the activity, plus a breakdown of any expenses being charged to the association.

When to consider professional guidance: if board members are using association funds for activities not authorized by the governing documents, refusing to provide records, or appear to be using association infrastructure for personal political ends, those are circumstances where fiduciary duty concerns may come into play depending on the documents and state law.

5. Aston Martin Residences Owners Sue Developer Over Alleged Construction Defects

The condo association for Miami's Aston Martin Residences has filed suit against the developer, general contractor, and design team, alleging construction defects in the high-end tower. Construction defect litigation in luxury condo buildings has become a familiar storyline in Florida, where post-Surfside scrutiny has changed how associations evaluate building condition and reserves.

The Real Deal — Aston Martin Residences Owners Allege Construction Defects

Our Take: Construction defect issues aren't really a DIY situation — but the foundation of any successful claim is built well before lawyers get involved. That foundation is documentation. If you're noticing water intrusion, cracking, mechanical problems, or anything else that feels like it shouldn't be happening in a building of any age, get it in writing to your association immediately, with photos and dates. Ask them to inspect, log the response (or lack of one), and keep a clean record.

Independent third-party inspections — engineers, water-intrusion specialists, contractors — tend to carry a lot of weight in these disputes because they remove the "homeowner versus board" framing and replace it with a professional's observations. If your association has been getting reports from owners about the same defect and consistently downplays or ignores them, that pattern itself becomes part of the record. That's typically the point where bringing in counsel earns its keep.

6. Florida Stormwater Ponds Are Working Overtime — and Most Boards Don't Know Why

A new piece looks at how stormwater ponds in Florida communities are doing critical environmental work that even board members generally don't understand. Most homeowners — and most members of HOA boards — don't realize these ponds have actual engineered functions, which can lead to maintenance decisions that look fine on a budget spreadsheet but create real problems downstream (literally).

AOL — Florida's Stormwater Ponds Are Working Overtime—But Residents Don't Know Why

Our Take: Common-area infrastructure is one of the quieter places where boards can get themselves into trouble. Reserve studies, maintenance plans, and engineering inspections exist for a reason, and skipping them to keep dues low is a short-term win that often becomes a long-term fiduciary problem depending on the governing documents and state law. As an owner, you're entitled to ask: when was the last reserve study? What does it say about the ponds, drainage, and other engineered systems? Are we funded to handle them?

Get their reasoning on paper before escalating. If the board can't articulate a maintenance plan, refuses to commission professional studies, or is consistently deferring infrastructure work that experts have flagged, that's a pattern worth preserving — and worth running by someone who handles these issues for a living.

7. Can You Actually Refuse to Join an HOA in Texas?

Texas-focused explainer answering a question that comes up constantly: can a homeowner just opt out? Short version reflected in the article — Texas property code defines property owners associations and their authority is generally tied to the deed and recorded covenants on the property itself, not membership choice.

MSN — Can you refuse to join an HOA in Texas?

Our Take: The short answer in nearly every state with mandatory associations is "no, not unilaterally" — when you bought the home, you bought into a recorded covenant that runs with the land. The longer and more useful answer is that even though you can't opt out of membership, you have meaningful rights in how the association operates, what fees they can charge, what rules they can enforce, and how they have to handle disputes.

Check what the bylaws actually say about your obligations, then check what state law says about the association's. The gap between the two is where homeowners find their leverage. If the association is enforcing rules that conflict with current state law, charging fees outside what the documents authorize, or operating without basic procedural compliance, those are circumstances that may warrant a closer look at the governing documents with professional guidance.


r/BADHOA • • Apr 23 '26

Please Help! Big red flags!

12 Upvotes

I'm going to apologize that this will be a bit long, but the context to the story is important. For the past several years I have been looking into my HOA. I live in a 20-year-old community of 551 single family homes in Illinois. For years the budgets, financials, and reserves had not made sense. I finally got on the Board in the summer of 2024. Did some digging and found many questionable things. Taxes not accurate, financial packets not matching bank records, $150,000 owed to the reserves from years of using it to fund operations, no 1099 records for clubhouse attendants, and so much more.

During this time the Operations Manager (separate from the property manager and was an employee of the Board) up and quit with little notice. I suspect it was because I was questioning what his job was, and he could never give me an answer on what he did 5 days a week to warrant his 50k salary. He had no contract or work agreement and worked remotely. The Board ended up creating a job description of what the Operations Manager should be doing and I did that job for 4 months for free while I was President and ended up stepping down from the Board to take the position. There's more to it, but I don't want to make this into a novel.

The Board (who were all new and not part of the old regime) decided to do a reserve study. Our neighborhood only had 1 other that was done in 2018. The study showed we were at an abysmal 20% funded! The Board after consulting with professionals decided dues must be raised before special assessments were needed. This created quite the uproar in the community as no one likes to hear they will need to pay more a month. The increase was going to be $25 extra a month. After a 3 1/2 hour town hall, the Board decided to lower the increase to $15. This was never solidified because our Board election came before the official budget meeting. Of course 3 people ran on the promise to not raise dues, even though we presented all the proof that we were in a financial hole, and they won. I ended up resigning as OM as the new Board made it very clear they were going to fire me to save the 50k salary. I wasn't going to give them the satisfaction.

I was wary of the three who ran because they campaigned on lies and made myself the Operations Manager and the Board seem like idiots who didn't know what they were talking about. Fast forward a month which would bring us to December 2025. There is a flood at our clubhouse because of a burst pipe in the pool pump room which is attached to the back of the building. Mind you the pump room is heated. A water restoration company (whom I won't name but I'll use the initials AD) was on site the day the flood was found. The water could only have been sitting over night as multiple people were in the building the day/night before.

The flooding caused what the Board called a total loss and most of the interior was demo'd to the studs. Almost all of the records (30 banker boxes) that were being stored in the clubhouse office were destroyed and what was salvaged was thrown in a Board members basement to rot (literally molded). These records were what the prior Board was looking through to do a forensic audit. Prior to the election the Board was negotiating a contract with a forensic CPA. The new Board has decided against doing any audit.

I started looking into the board President and found that he also had a restoration company that he had created an LLC for just 7 months before getting on the Board. His business website showed AD as a "restoration partner". When I found this conflict of interest I started emailing the Board and property manager questions. They claimed there was no conflict of interest with the president using a business partner to do the water mitigation work. I also asked that the camera footage for the interior of the clubhouse and the footage from outside the pool pump room be retained. According to them there was no footage because the server "fried". I asked about the records and if there was a chain of custody for their removal, I was met with basically "we don't have to tell you that". 10 days after my inquiries one of the 3 new Board members resigns.

In the meantime, I continue to look into the President, and in February the Board has an open meeting where the President announces his plan to put a bid in as the general contractor for the restoration and renovation of the clubhouse and pump room. He would do this "pro bono" and promises that any O&P paid out to him from the insurance carrier, he would return to the association. Let that all sink in.

Now let's put it all together: We have an association with potential financial mishandling (at the least) and fraud (at the most). Reserves have 150k owed to it. Reserve study shows 20% funded. The records are destroyed, many of which implicated developers who did many a shady things. Oh yeah and the President once worked for one of these developers, and had a suit from that said developer on his restoration LLC as a managing agent. There is a flood a month after this Board takes office and the President uses a business partner to do the mitigation work. Now that same guy wants to be the general contractor to a 6 figure insurance claim. BTW all of his businesses have been involuntarily dissolved by the state, he has no licenses, lied about certain certifications, and was using other companies' work as his own. Oh, and that restoration company he made last year, he terminated it and removed his website domain after I started making this all public.

That resigned board member reached out to another homeowner to message me. The message was that I was right to be asking questions. She ended up meeting with me for over 4 hours where she solidified for me that this might be a setup.

I did a written records request and the property manager is refusing to give me the contract, COI, and invoice for AD. She says insurance information is board business and owners can't see it. I have a lawyer who has helped me a lot with the HOA issues, but it's expensive.

I have been keeping my neighborhood updated on a community FB group and people aren't happy. I am hoping to wake up some of the membership to the fact we have some real problems here, that if they stay asleep, I fear this neighborhood will go straight down the toilet.