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Responding to the many comments regarding HOAs

Ilyce Glink and Samuel J. Tamkin, Tribune Content Agency on

To judge the contents of our inbox, people are having a lot of problems with their homeowner associations (HOAs). They’re also having trouble living in developments run by HOAs and by the lack of interest in serving on association boards. Here’s a sample of what homeowners are wondering about.

Comment: I read your recent article on HOA conduct. Uncivil actions are never OK. I would like to point out that for every homeowner action you also have board actions. Our building of around 300 units in St Paul, Minnesota, has a board that is running roughshod over its residents. They are lying to homeowners and excluding them on important information that should be available to all. I am currently running for a board position to try to stop their arrogant attitude. There are two sides to every coin.

Ilyce and Sam respond: We’re glad you’re running for the board. It’s the only way to change things.

Comment: My community is small, with around 35 homes. It is about 20 years old. Some of the original homeowners still live here. I’ve been here for just about three years and became the president of our HOA last year. Volunteers are few and far between.

Ilyce and Sam respond: Many homeowner associations report fewer people interested in taking a board position. We understand there can be headaches, but as we’ve written, nothing will change unless you get involved.

Comment: I live in San Diego in a community with around 350 units. I have asked numerous management companies and a few real estate agents about managing our association. There are no companies here in San Diego that are interested. So, we manage to move along the best we can.

Ilyce and Sam respond: Keep looking. Talk to some of the larger properties in the downtown area to find out who manages them. You may be able to afford your own manager. Or, share one with a neighboring community.

Comment: I recently bought a condo in a three-building, 21-unit complex. My unit, the neighborhood, and surrounding amenities make this my dream home. It was very, very affordable. I cannot afford to move. All but one of my fellow condo complex dwellers are upstanding neighbors.

But there is one that is not. This neighbor harasses the rest of us by staging protests at the entrance of our building with cardboard signs. This person has filed bogus lawsuits against several board members. The suits fail, but who has time for that? He leaves trash and pornographic images at people’s doorsteps and heckles realtors and prospective buyers whenever anyone attempts to sell a unit.

The police don’t care unless someone is actively being assaulted. We hired an attorney to try to have him forcibly removed. He does not fear the law or the scorn of his community. He does not appear to care that he is spoiling his own environment, as long as he can spoil it for someone else too. Is there anything we can do?

 

Ilyce and Sam respond: Your situation sounds out of control. It’s truly unfortunate when we get letters like yours detailing the problems people have with their HOAs and condo board associations. Some associations can’t find volunteers to help out with board duties, and then there are others that simply have terrible neighbors with bad behavior and are unable to manage the situations effectively.

When you buy in a community or in a building, you should try to find time to pitch in and help run the development. As an owner, you have a vested interest in making sure the property is well managed. And, we’ve found that when each owner contributes some of their time and energy, the whole building runs better. Owners get to know each other and the burden of living in an association is diminished.

We’d like to see all HOAs show a little bit of balance and proportion. HOAs have every right to pass rules and regulations to govern how people interact and to make sure the development is kept in good shape. But the board can, and should, show some discretion in the enforcement of these rules. Warnings can be effective. If they don't work, then try other forms of enforcement. But, please show some compassion if owners are going through a rough patch.

For example, it doesn’t make sense to fine a homeowner for letting their grass grow too long when they are going through a medical emergency and may not even be living in the home. HOAs shouldn’t use fines as a revenue source. Yes, fines do bring revenue to an association. But you shouldn’t be looking for ways to fine owners in order to make up for low assessments.

When should the board step in? When owners are bad neighbors. If you’ve got a neighbor who is causing all sorts of issues, then this is when the board should enforce their rules. Clearly define what happens if a homeowner continuously and repeatedly breaks the HOA. Then, fine the rule-breakers. If that doesn’t stop the behavior, then the HOA can and should hire legal counsel to use the law to go as far as you need to, even evicting the neighbor causing problems for the community.

Thanks for all of your comments.

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(Ilyce Glink is the author of “100 Questions Every First-Time Home Buyer Should Ask” (4th Edition). She is also the CEO of Best Money Moves, a financial wellness technology company. Samuel J. Tamkin is a Chicago-based real estate attorney. Contact Ilyce and Sam through her website, ThinkGlink.com.)

©2025 Ilyce R. Glink and Samuel J. Tamkin. Distributed by Tribune Content Agency, LLC.


 

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