After His Greedy HOA Tries to Trap Him, He Finds the Perfect Loophole to Secure a Clever Legal Victory.
After being pressured into joining a Homeowners Association (HOA), the Original Poster (OP) is dragged through a series of deceptive maneuvers of unfair compliance. When the OP regained the upper hand due to a legal technicality, the HOA scrambled to save face and preserve their control, but the homeowner unleashed a calculated revenge that forced the HOA into submission.
The Land Purchase
The OP buys a large piece of land near a dirt road, intending to farm, but never does. Years later, the area becomes a municipal suburb, and the protagonist sells half of their land to an organized property developer for a significant profit. The money is used to build a house on the remaining property.
Family Tragedy
The OP’s mother moves in temporarily with the intent to build a separate house for her on the land, but she passes away from an undiagnosed tumor. They move out and rent the house while the organized property developer discusses starting a Homeowners Association (HOA).
HOA Pressures
The HOA pressures the OP to join, but he refuses. He eventually agreeds to let the HOA build a guard hut and sign on their property in exchange for lawn maintenance and a small monthly payment.
Disturbing Incidents
Three years later, the OP’s tenant is frightened by gunshots and strange noises outside her window. The HOA and tenant propose that the OP join the HOA, with exemptions from fees and HOA rules, in exchange for building a wall around the community.
The Agreement
The OP agrees to join the HOA with exemptions. A year later, the wall is built, but the OP’s tenant receives a warning about her barking dogs. The HOA claims the rule exemptions have been canceled and demands back payments and fines for the barking noise violations.
Legal Battles
The OP is forced into an expensive legal process. A judge rules that the HOA can revoke exemptions but must give 30 days’ notice. The president of the HOA berates the OP for not joining the HOA as a founder member.
Reading the Fine Print
The OP examines the HOA contract and discovers that the referenced property number is the separate piece of land they had subdivided for their mother’s intended property. The OP realizes they can use this oversight to their advantage.
Tensions Rise
The OP delivers documents to the HOA president, stating their intent to build on the separate property and demanding the removal of the guard hut, sign, and boom from their land. The HOA lawyer argues that the structures will remain, but the OP counters that they are building a house on the land.
Negotiations Begin
The OP refuses lunch invitations from the HOA president and original property developer. The HOA lawyer proposes discussing exemptions for access to the property, but the OP declines and requests no further contact.
A New Offer
A different lawyer contacts the OP to “negotiate a surrender.” The OP proposes a new easement with increased fees, a cancellation fee, and a clause requiring the HOA to pay their legal fees if action is taken against them.
A Surprising Signature
The HOA president signs the new contract, despite the unfavorable terms. The OP has the HOA trapped as the main property is not officially part of the HOA’s jurisdiction, and the HOA president does not want them removing the guard hut, walls, and signage on the small subdivided plot.
The Aftermath
Six months later, the HOA realized how disadvantaged they were by the new contract. Their lawyers advise against suing, as the courts are unlikely to side with them and could void the easement contract.
The Addendum
The OP agrees to sign an addendum to the contract, limiting the HOA’s responsibility to pay legal fees only for cases involving the HOA. The OP continues renting their property, with the HOA bound to the unfavorable contract.
Was The OP’s Behavior Appropriate?
The readers in the forum had a lot of mixed views on the matter. Here are some of their responses…
Forum Responded
One responder wrote: “I would not be at all surprised if the HOA president was the one firing off the gun to terrify your tenants.”
Another reader wrote: “This is beautiful, an absolute masterpiece. I enjoyed every second of this story.”
A different person states: “The best HOAs have very few (if any) restrictions and are created to maintain common areas and such. The worst HOAs can have incredibly draconian rules; one place I know of restricts what color your house has to be.”
What Do You Think?
What are your thoughts on their actions?
What would you have done in this situation?
This story is inspired by this thread.
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Alexander Veros
Alex is a writer for Top Dollar Investor, focusing on lifestyle, travel, and business stories. Alex has started several online businesses and is a blogger who loves providing quality content to help others. He is passionate about affiliate marketing, finance, and cryptocurrency.
