Beware of HOA’s
I received the following from a
reader. Any advice?
I was wondering if maybe you might
have some ideas on a situation a friend
has. They own a condo and there is a
Home Owners Association. (HOA). He
has two 9 year old dogs (litter mates)
that over the course of 5 years have
been involved in 2 fights. One happened
2 years ago and the other happened in
May while they were under someone
else’s care. Both while on leash. He
received a letter from the HOA stating
the board has decided to rescind his
right to pet ownership.
I do not believe the HOA has anything
to substantiate the fights happened, but
don’t think they really need it. I was
wondering if you had any advice on how
to handle this because if he does have to
give up the dogs, its effectively signing
their death sentence.
HOAs present special challenges. A
generation or two ago, they didn’t exist,
at least not in any form resembling
today’s corporate run machines. Today
their power, influence, and judicial
support make them one of the USA’s
most powerful extra-governmental
organizations. As a result, many buyers
(me included) won’t purchase or even
consider purchasing a home that’s in a
home owner’s association.
According to the Citizens for
Constitutional Local Government,
approximately 57 million Americans
live under the rule of a home owner’s
association. HOAs are free to regulate
practically anything, so long as they
don’t violate state and federal fair
housing laws regarding age, race or
handicapped access (excepting senior
living facilities).
They generally are a law unto
themselves, outside of and apart from
local, state, and even Federal legal
systems.
This is because the relationship
20
between the HOA and the condo
owner (or homeowner) is considered a
contractual relationship, and violation of
HOA policies or regulations amounts to
a breach of contract. The consequences
can be quite serious: folks have gone to
jail, lost their homes, and even lost their
businesses when they found themselves
in violation of their HOA’s regulations,
for “violations” such as displaying an
American flag on their property. Forget
about your civil rights. Unless due
process is written into the policies and
procedures or other governing documents
of the HOA, it may be impossible to get
it.
The first thing to do is examine the
HOA’s governing documents, which will
include covenants, policy statements,
procedures, etc. to understand what
exactly the violation is, and what the
procedure is for appealing the ruling. It
is also important to read and understand
the state laws and regulations pertaining
to HOAs and the amount of authority
granted to HOAs by the state, specifically
to what remedies they can seek (fines,
liens, lawsuits) regarding violations.
Also, gather every supporting
document that you can pertaining to the
dogs: vet records, a letter from your vet
speaking to the dogs’ temperaments,
letters from any neighbors who support
you in keeping your dogs, letters from
anyone who pet-sits or helps care for
the dogs, letters from any trainers who
have been involved in training the dogs,
certificates for Canine Good Citizenship
or Safe Dog temperament testing,
eyewitness accounts of the incidents in
question (if available), copies of animal
control reports (if they were involved in
the incidents), copies of the dogs’ licenses
(if they aren’t licensed now, they should
be immediately), any documentation
about the other dog(s) involved in the
altercations that might support their
having been the aggressor(s), and
anything else you can think of.
When I was confronted with “getting
rid of” my elderly dogs “or else” 11 years
ago, I did all of this, and assembled it
all in binders, one for each member of
the HOA hearing committee. I had good
advice from a neighbor who happened
to be an attorney and who actually had
a hand in writing our HOA’s procedures
for the hearing process, or I might not
have prevailed as I did. It was an awful
experience--one that I wouldn’t wish on
my worst enemy--and the adverse effects
on my health persist to this day.
One thing that worked in my favor
was that I had the right to make my
hearing public and invite my supporters
(and anyone else) to attend. Sunlight
kills a lot of badness, and the committee
members were constrained to be on their
best behavior for the hearing (but what
they said when they thought no one was
listening was pretty awful).
I tried to find an attorney to represent
me, but most of the lawyers who work in
that area of law represent the HOAs, and
are no help to homeowners. Maybe that
has changed in the ensuing 11 years, but
I hold out little hope. Best of luck,
S. Meade
Burke, VA