Way back when, in the beginnings of time when the internet was first being used to contact people — remember email lists — a CAI poster on its page recognized the fact that CAI could not control the internet, like presumably with the news media. And thank goodness!
Given all the above, social media is inundated with homeowners facing serious problems with their HOA and who cry out for help and assistance, but discover no solution to their complaints. Yes, there’s plenty of good advice and suggestions, links to state laws and cases, etc. The truth of the matter is that it is they, the poster, who must take action to resolve his grievances following the leads presented on the social media groups.
I’ve found that a good many of these complaints do not arise from a wrongful act by the HOA or a violation of the law. They are simply an exercise in the broad discretionary powers granted to the BOD in the governing documents; the homeowner just doesn’t like them. Nothing can be done except try to change the make up of the board, which requires a specified number of neighbors to join in. Fact chance! Do they charge their town council with wrongdoing when they disagree with a position taken by the council? Not usually.
While homeowners airing their problems on the internet may get a large degree of sympathy — poor guy, they dun me wrong, unbelievable, etc. — nothing is accomplished when dealing with rogue HOAs and directors. By definition, the law and governing documents mean nothing to them, and they know that some 80+% will not take effective action – sue the bastards! And the numerous consumer protection – regulation agencies are ineffective lacking in punitive actions. The HOA holds all the aces; you lose!
The bottom line is to lobby the legislature to adopt 1) substantive laws that protect your individual rights and freedoms supposedly guaranteed by the Constitution, 2) fair elections procedures to level the playing field for the democratic functioning of the HOA (how about ½ vote per lot if the owner resides less than 7 months), 3) attainable HOA enforcement procedures that effectively serve as a punishment and as a detriment to further wrongful conduct, as exists with misdemeanors charges in the public domain, and 4) prohibit the cruel and unusual punishment allowed in the current homeowner losers all foreclosure procedures.
All social media groups must make these reforms a top priority and inform the complaining homeowner that there is no push button instant solution to the ills of HOAs in our society. We can only hope that the majority of owners will finally realize that they are up the creek without a paddle and get angry enough to get involved wholeheartedly. This should be objective for all HOA social media groups.