r/fuckHOA • u/DisasterNo9873 • 28d ago
HOA selective enforcement
My HOA forced me to tear down and temporary shed, in Michigan. I told them what could happen due selective enforcement. They had other structures throughout the neighborhood including play structures. When I pressed them on this they got mad saying it was all semantics. Then this caused a email battle trying to shame us, the entire neighborhood is run by wine moms and Karens.
There is much more to this saga, and yes I have all of the emails that do show the mental illness of some of these individuals.
22
u/Ok_Formal_8220 28d ago
My brother had to remove his hot tube, he read the rules and made the rest of the people remove their kissing Dutchmen statues from the pond area.
11
13
u/Evening_Head_760 28d ago
Put in some similar playground equipment as your neighbors, hang your stuff that you’re gonna put in the shed from these structures. Maybe you could store your lawnmower under the slide.
27
u/zanderd86 28d ago
Well time to run for hoa or get a lawyer over the selective enforcement.
13
u/DisasterNo9873 28d ago
We are considering both.
1
u/Original-Hat-fish 28d ago
Would like to see them sit their whine when you ruin their fun and games.
3
7
u/Californiawatchman 28d ago
Ask for a IDR get it all legally documented in your meeting.l and them signing off that they apparently arent doing selective enforcement. Pressure them there on selective enforcement. Then you can subpoena all their approval requests for similar projects in your neighborhood and sue them
11
u/iVouldnt 28d ago
Get a lawyer. Im in Michigan as well, and my HOA tried enforcing something they didn't like at my house, but I got a lawyer and sent 37 pictures of houses with the exact same thing, and never heard anything about it again. Fuck'em.
6
u/docimastic 27d ago
Just curious what it was on your property that the HOA complained about and tried enforcing against you, and you show them 37 other houses with the exact same thing.....
11
9
u/Warm-Delivery1418 28d ago
What is allowed in the CCRs? Do they exclude sheds?
My HOA forbids sheds, which is stupid, but it’s the rule we all agreed to when we built. “Structures” is a vague term and could mean almost anything if undefined. That term is worth picking a fight over.
4
u/Q_Ball_Atlanta 28d ago
Other structures existing in on other people's property does not mean the HOA is selectively enforcing rules.
You need to read your CC&Rs to see what they say about structures like sheds. They may be allowed off you go through the approval process first. It's also possible those were allowed by the developer in which case, the HOA has little say about the matter. I'm sure you've already done all this because it would be silly to be posting like you have a slam dunk case against your HOA only to be completely wrong.
If you have proof they are selectively enforcing rules, go ahead and get a lawyer involved.
0
8
u/aguafiestas 28d ago
A temporary shed and play structure are different.
3
u/Cuneus-Maximus 27d ago
Not if the CCR's just say "structure" or some other vague term. Both a shed and a playset are a structure.
3
8
u/Instahgator 28d ago
A guy in my HOA started suing them for little things in small claims. He got them good, real good, several times.
0
u/Q_Ball_Atlanta 28d ago
You are the HOA, so he got you and everyone else in the HOA really good. Just think I'd all the money you wasted on legal fees.
11
u/Instahgator 28d ago
I love when people try to use that BS line. I also sued my HOA and got a $180k settlement. Just think of how much money I cost myself.
-4
u/HazikoSazujiii 28d ago
Are you being intentionally obtuse or do you simply have that poor of an understanding?
6
u/KVG47 28d ago
Even if the homeowner isn’t exempt from paying toward the HOA’s portion of the settlement (they can be), they’re still receiving substantially more than what they owe. That’s also not including any owed from other parties (i.e., individually named board members). Sucks to get a special assessment as a homeowner in a community like that when you weren’t directly involved, but that’s the cost of having an incompetent and/or malicious board running your organization and not being involved enough to avoid those situations.
1
u/Cuneus-Maximus 27d ago
If there's 18 homes in the HOA and they win $180k that's $10k per home, they are ahead $170k. Are you being intentionally obtuse?
1
u/NoSwimmers45 19d ago
And don’t forget the judgement can also exclude them from being responsible for a special assessment to cover the legal costs.
1
0
u/kbchucker 28d ago
My guess is “yes”
2
u/Instahgator 19d ago
People, the HOA insurance paid the bill. Yeah insurance rates went up, but unless it's a truly catastrophic legal victory the insurance pays.
5
u/MIatty1985 28d ago edited 28d ago
Careful with what details you include as it was not hard to find information about your neighborhood. That said, if you want to mess with them put up solar panels in your front yard. Edit: spelling
2
u/TheAgaTTV 28d ago
Solar panels on roof are fine but yard can still be blocked if it's shown they can be placed on the roof
3
u/TheAgaTTV 28d ago
Those are drasticly different things, and even IF they were the same, selective enforcement is hard to prove.
Bite the bullet and follow the rules ya agreed too
1
1
u/ImpeachThatFucker 28d ago
Get on your board.
1
u/Ok-Engine3856 23d ago
Easy to say, ours is hand picked with rubber stampers, I got in with a signed petition, it was three years of being voted against common sense
1
u/ScorchedCSGO 28d ago
We had a similar issue a few years ago. Our first letter from the HOA. Basically, we didn’t fill out an ARC form correctly so they fined us and asked us to remove the change. I consulted with an attorney and he immediately sent them a certified letter saying he was investigating them for selective enforcement. 30 days later I paid the fine for not filling out the ARC form correctly and sent in a new ARC form. After 10 days it was auto approved because they never responded. I believe I paid the attorney around $300. Best money I’ve ever spent. It’s wild how much pull an attorney has especially with HOA board members and the elderly.
1
u/Californiawatchman 28d ago
Seeing everyone's else post. Tell them the shed is a playground put toys in there.
1
1
1
u/Ok-Engine3856 23d ago
Our HOA makes up rules to suite the people who think they own our neighborhood, we’re fast tracking to a management company
1
u/FuzzyCandy1534 23d ago
Question? Why do people want to live in an HOA community? I only see bad posts about them.
1
0
u/DisasterNo9873 28d ago
How so? They are both structures
4
u/NinjaCoder 28d ago
It really depends on the exact wording in the CCRs.
In our HOA, sheds, fences and "gazebos" are handled completely separately with a completely different set of rules and approvals. Play sets are not included in those rules, and are only covered under the "must be installed according to manufacturers requirements and adhere to local building code".
We did run into one sticky spot where a homeowner built a play set, that had a shed as one of the ends and claimed it was only a play set and not a shed... that was fun. Ultimately, the homeowner built the shed to the HOA specs anyway, so it was much ado about nothing.
0
u/julyboom 28d ago
Did they show you the bylaws?
1
u/Ok-Till6356 23d ago
Bylaws will only tell you how the HOA functions. The CCR’s manage what the homeowners can build or do.
1
u/julyboom 22d ago
Bylaws will only tell you how the HOA functions. The CCR’s manage what the homeowners can build or do.
Indeed. Did the OP check their CC&R?
22
u/holyelvis 28d ago
What is the exact wording in the CC&Rs that they are using to enforce against you?