When HOA Rules Become Tools for Conflict: Understanding the Weaponization of Covenants

HOAs aim to maintain the aesthetic and functional quality of communities, ensuring a pleasant living environment for all residents. However, what occurs when these well-intentioned rules become instruments of conflict? It is even more concerning when the HOA’s management company and affiliated law firms exploit these situations. How do they achieve this? Unfortunately, in communities where homeowners are not well-versed in HOA rules due to family or work commitments and primarily rely on hired help—such as management and attorneys with financial motives—HOA rules can be misused against homeowners. This misuse creates tension and discord rather than promoting harmony. When groups of homeowners begin to disagree and “fight,” decisions are stalled. Instead of making progress, additional fees, time, and association resources are directed toward resolving disagreements, detracting from effectively running the association’s operations.

How Rules Become Weaponized

At their core, HOA rules are established to protect property values and create a cohesive community aesthetic. These rules can cover everything from lawn maintenance to architectural modifications, ensuring that the neighborhood retains its intended charm and appeal. When applied fairly and uniformly, they serve an important role in residential community management.

 

1. Overzealous Enforcement: Sometimes, certain board members or community enforcers may apply rules with excessive rigor. What begins as a guideline can become a point of contention when every small infraction is met with stern warnings or fines—turning neighbors against one another.

 

2. Selective Application: In some cases, HOA rules may not be applied uniformly. This selective enforcement can lead to accusations of bias or favoritism. Resentment grows when it appears that certain residents or board members can side-step regulations while others are penalized for the same actions.

 

3. Ambiguity and Interpretation: Rules that lack clear definitions are prime candidates for weaponization. Ambiguously-worded covenants leave room for subjective interpretation, which can be used to target specific homeowners unfairly.  

 

4. Personal Vendettas: Unfortunately, personal conflicts can sometimes spill over into HOA governance. Board members or neighbors with personal grievances might leverage vague or minor rule violations as a means to settle scores or exert control.

 

Power Ranch-specific Rules Used Unjustly to Punish Homeowners

Board and Committees:

A few facts: In recent years, shocking revelations have surfaced regarding the egregious actions orchestrated by the previous boards, motivated by the association’s law firm and management company, to create discord among board members, committee members, and homeowners. A glaring example of such misconduct occurred in 2021 when the management company, displeased with certain homeowners or pressured to cover budget gaps from concealed lawsuits, aggressively enforced landscaping and yard violations. This enforcement conveniently generated $137,000+ in annual penalties—an amount that just so happened to match that year’s legal fees. 

REAL LIFE SCENARIO

When a homeowner received a violation letter and was subsequently given the runaround on how to resolve it promptly, the association effectively achieved its goal of penalizing the homeowner. Convenient scheme?

↑