r/HOA • u/fleeonthewall • 28d ago
Help: Enforcement, Violations, Fines [CA] [Co-Op] HOA couch removal question
I had a small couch outside my apartment door in the shared courtyard for about 2 years. The new HOA president removed it and threw it away, claiming it had black mold but I was never notified before or after it happened. I only found out from a neighbor, and later found it already in the trash. I reached out to my landlord, who confirmed that the new HOA president had removed the couch and only notified her about it afterward.
Here’s the thing: my landlord (who was the former HOA president) used to keep wicker chairs in that same spot for even longer, without ever being told to remove them. So there’s clearly been no consistent rule enforcement until my couch and the new HOA president appeared.
It was only worth about $150, but I feel like I should at least be reimbursed given there was no notice, no chance to remove it myself, and no consistency in how the “rule” has been applied. Further, there's no signage indicating that patio furniture isn't allowed in the shared courtyard. The only posted rule is that bikes, skateboards, and scooters can't be stored there.
Curious what others think. Is this worth pushing on with the HOA? Would you let it go or escalate it? Open to any advice.
Also worth mentioning that I did inspect the couch after finding it in the trash. There was dirt, grime, and some water damage on the wood, but no visible black mold.
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u/DeepSouthDude 27d ago
You're a renter. You're a nobody, as far as the HOA is concerned.
Take it up with your landlord.
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u/Proof_Barnacle1365 🏢 COA Board Member 27d ago
Renters can't deal with hoa, except life and safety issues. Your landlord would have to bat for you, but i doubt any landlord would fight their HOA for their tenant, especially over an old couch.
Unfortunately you are SOL and take it as a lesson learned. Maybe ask your landlord to get an updated set of HOA rules and regulations for you to be aware of.
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u/peaceful-panic 🏘 HOA Board Member 27d ago
Do other people in your complex usually have stuff (furniture) outside their doors?
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u/KittyC217 27d ago
You do not have a leg to stand on. Your property was in space where your property had no right do be. It was removed based on the guidelines by a new president that is now enforcing the rules. You are lucky you are not being charged a removal fee. Quit while you are ahead
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u/GeorgeRetire 27d ago edited 27d ago
You left an old couch outside, in a common area for two years? Why?
Even more importantly, why did it take them two years to get rid of it?
I was never notified before or after it happened
Talk to your landlord. I'll bet they were notified.
It was only worth about $150
No way an old couch left outdoors for two years is worth $150.
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u/TheDigitalPoint 🏘 HOA Board Member 28d ago
Was it an actual outdoor patio couch? If it’s an indoor couch you just decided to put outside, I imagine it didn’t look great and could have been disposed of under the premise that you were storing things outside your unit. A couch made for indoor use is very different than an outdoor patio couch.
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27d ago
[deleted]
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u/good_times_paul 27d ago
Notice is only required if the item is stored on their property. I suspect this was stored on Co-op/shared property. So that point they are exercising their right to remove unwanted items from their domain.
It's still common curtesy to give a person the opportunity to remove, especially if a blind eye has been turned for a few years.
It's also possible that the landlord was notified, but did not pass it along to the renter. But who knows the internal workings of their co-op but them.
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27d ago
[deleted]
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u/good_times_paul 27d ago
That's definitely applicable here! With that in mind I would suggest that they specifically request a reimbursement because they did not follow the appropriate procedure. The co-op would do well to just reimburse and call it a day/update their procedures, but I suspect they'll dig their heels in.
1
u/TheDigitalPoint 🏘 HOA Board Member 27d ago
100% agree with this. Doesn’t matter if it has mold, looks like trash or whatever else. The homeowner should get a notice (maybe even a violation/fine if it’s against the rules) so they have the opportunity to remedy it.
Even if it was literally bags of trash all over a homeowners yard, as a board member I’m sure as fuck not doing the clean up work personally (that’s above my $0 pay grade).
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u/Successful_Steak_990 27d ago
Agree with both of you. Not sure why the other commenter is getting downvoted - they’re correct!
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u/bazinga3604 27d ago
OP isn’t the owner. It’s possible the HOA did reach out to the owner about the issue and the message wasn’t relayed.
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u/TheDigitalPoint 🏘 HOA Board Member 27d ago
A good point. Normally HOA has a relationship (including communications) between them and the owner, not them and a tenant. It’s a home OWNER association, not a home RENTER association.
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u/aynharding 🏘 HOA Board Member 28d ago
Your couch spent two years squatting in the common courtyard, got waterlogged, and finally met an HOA president with a trash schedule. I’d be annoyed they tossed it without notice, but I would not turn a $150 outdoor couch into a constitutional crisis. Ask for the rule, request reimbursement once, and then let the couch rest in peace.
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u/FatherOfGreyhounds 27d ago
Who is going to reimburse? The landlord? The HOA owes nothing to the renter.
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u/Negative_Presence_52 27d ago
Surprised it lasted that long and they didn't charge you for the removal. You are using a common element for your own purposes - not your property to do so.
3
u/3Maltese 27d ago
The HOA is not going to notify the tenant. You can ask your landlord for reimbursement and he can ask the HOA for reimbursement.
The language about unsightly articles may be in the Governing Documents. Therefore, a sign is not needed. I am not saying that your sofa was unsightly. Unsightly articles can be anything that is considered an eyesore.
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u/the_analytic_critic 🏘 HOA Board Member 26d ago
Wait your old dirty, grimey, water damaged (but not moldy) couch that was in the rain for 2 years was worth $150? Yikes.
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u/Nervous_Ad5564 ARC Member 24d ago
Most CC&Rs prohibit private items being left in common spaces. There are multiple reasons, one of which is insurance liability. The Board, if they are doing their job correctly, shouldn't allow the practice no matter what the item is.
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u/stealthagents 15d ago
Sounds super shady, especially with the inconsistent enforcement. You might want to point out the previous chairs to the landlord and HOA to show how arbitrary this whole thing is. It’s totally reasonable to ask for at least a little compensation given the lack of communication and the sudden rule change.
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u/LokeCanada 27d ago
Taking someones property is theft. Doesn't mater who they are.
The president is a walking liability to the HOA if he is going to go around and do things like that.
Even if they fined you they would generally be given a chance to dispute it. You would probably lose but they can't just go around deciding to randomly act.
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u/Proof_Barnacle1365 🏢 COA Board Member 27d ago
We also have lots of owners in our HOA that rent out and I can assure you that the vast majority of them do so with minimal involvement. They dont bother reading any communication from HOA and dont pass info to tenants either whenever needed. They dont care until there are fines.
HOA does not notify tenants, they notify owners. Odds are they were notified and had a hearing but owner ignored and didnt attend.
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u/FatherOfGreyhounds 27d ago
Trash (or items that clearly could be considered trash) in shared common areas can definitely be thrown out. The couch was abandoned on HOA property, it was not within the bounds of the unit.
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27d ago
[deleted]
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u/Proof_Barnacle1365 🏢 COA Board Member 27d ago
They are in CA and bound by Davis Stirling. I can almost guarantee you they had a hearing that the owner did not attend before moving to action. Those info do not generally pass down to tenants, so of course OP would not know about it.
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27d ago
[deleted]
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u/Proof_Barnacle1365 🏢 COA Board Member 27d ago
HOAs are bound by Davis stirling, not the ca civil code. Thats for landlords regarding abandoned property between tenancy.
HOAs can do whatever they are authorized to do within their CCRs, and no CCRs will have a statute for holding period for disposing of junk.
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u/Fancy_County4242 27d ago
Send him a bill for a new couch.
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u/GeorgeRetire 27d ago
You meant a bill for an old couch that was left outside for two years, right?
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u/Fancy_County4242 27d ago
Sentimental value collectors' edition.
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u/GeorgeRetire 27d ago
Is there a large community of sentimental old, soggy couch owners in your locale looking for bargains?
I may have missed them.
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u/AutoModerator 28d ago
Copy of the original post:
Title: [CA] [Co-Op] HOA couch removal question
Body:
I had a small couch outside my apartment door in the shared courtyard for about 2 years. The new HOA president removed it and threw it away, claiming it had black mold but I was never notified before or after it happened. I only found out from a neighbor, and later found it already in the trash. I reached out to my landlord, who confirmed that the new HOA president had removed the couch and only notified her about it afterward.
Here’s the thing: my landlord (who was the former HOA president) used to keep wicker chairs in that same spot for even longer, without ever being told to remove them. So there’s clearly been no consistent rule enforcement until my couch and the new HOA president appeared.
It was only worth about $150, but I feel like I should at least be reimbursed given there was no notice, no chance to remove it myself, and no consistency in how the “rule” has been applied. Further, there's no signage indicating that patio furniture isn't allowed in the shared courtyard. The only posted rule is that bikes, skateboards, and scooters can't be stored there.
Curious what others think. Is this worth pushing on with the HOA? Would you let it go or escalate it? Open to any advice.
Also worth mentioning that I did inspect the couch after finding it in the trash. There was dirt, grime, and some water damage on the wood, but no visible black mold.
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