Homeowner sueing HOA over Mailbox

Started by CjS • 7 replies • 1422 views

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CjS (Maryland)
Posts: 21

Posted:

He spent a lot of money to sue his own HOA but interesting article none the less.

https://www.washingtonpost.com/local/public-safety/in-a-community-of-million-dollar-homes-a-fight-over-a-500-mailbox-ends-in-court/2017/01/23/1adbdb88-e186-11e6-a453-19ec4b3d09ba_story.html?utm_term=.f75498a30e96

TimB4 (Tennessee)
Posts: 21,059

Posted:

Yep, $33,000 to keep the Board from overstepping their authority (which doesn't count for what the Association had to spend or what his share of that amount was).

Unfortunately, based on the article, it seems court was the only option.

AugustinD
Posts: 5,144

Posted:

Thank you for sharing this article. Rogue boards are common enough, and can have such a deleterious effect on property values, that the costs of a lawsuit (to both sides) such as this may well head off higher expenses to members. I am tired of, and do not agree with, the persistent counsel by some here that suing your HOA is suing yourself. Sure, people should try to get on the board instead of suing, since this is the most efficacious and inexpensive route. But when a board shows signs of not even permitting a fair election, then this is why the courts and the option to bring suit exists in governing documents and case law.

JanetB2 (Colorado)
Posts: 4,219

Posted:

This is what happens when some BOD's are too stubborn with the attitude of my way or the highway. The Judge nailed it when he stated: "As the higher courts have instructed us, we must lean in favor of freedom in the property.”

In some states the HOA could have been in a deeper hole having to reimburse the owner's attorney fees when he won.

SheliaH (Indiana)
Posts: 6,964

Posted:

The board certainly made some mistakes here – it’s better to poll the community to see what it thinks of proposed design standard changes and it’s always good to make sure those changes don’t smack the homeowners too hard in the wallet (then again, if you have enough cheddar to live a community with million dollar homes, why in the hell are you quibbling over mailboxes?)

If there were homeowners who’d already replaced their mailboxes by the time the new policy went into effect, it would have been easier for the board to grandfather those homes in and send notices to them saying future replacements would have to meet the new standard.

At the same time, I think this homeowner was just as stubborn - $33K over a bloody mailbox??? When he moved in, there was already discussion about the mailbox – he could have made his opinion known at that time, or at least ask for an exemption from the board before replacing it. He knew the association has to approve certain exterior changes, so why in the hell is he crapping over property rights now?

It’s also too bad no one (including the judges in the lower courts) thought of alternative dispute resolution – it may be been faster and a lot cheaper than $33K – I wish I had that kind of money to spend on stuff like this. Instead both sides dug in over nonsense and now the homeowner’s out $33K, the associations out more money in legal fees and its reputation has taken a hit. Sometimes you have to pick your battles and I personally don’t think a mailbox was worth it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MichelleK5 (New York)
Posts: 161

Posted:

I appreciate him sticking to his guns and taking it all the way. Normally people just back down and give in since it's so much easier, and cheaper - even when the board has overstepped
their authority.

For someone making millions a year, 33k is not that big of a deal. Especially if they're trying to make a point. I applaud him.

I will say though, every time I read some of the stories here, I'm thankful for my common sense board.

SheliaH (Indiana)
Posts: 6,964

Posted:

I’m also amazed at some of the stories I read on this site and agree a lot of these lawsuits start because HOA boards will not listen to reason. But homeowners grow up to be board members and let’s face it, some of us are hell bent on being right all the damn time, not matter how silly the issue or the facts that show we’re clearly in the wrong. We don’t always want to apologize and admit we were mistaken because we’re afraid we’ll look ineffective and weak. Ego is the downfall of a lot of people – why else, do you see families where people haven’t spoken to each other in years – still mad over an argument they can’t even remember what it was about?

I agree there are times when lawsuits are necessary, but if that becomes necessary, I want to win the first time out and in a decisive fashion, so that opposing counsel will turn to his/her clients and say "we can go to trial, but you will not win, so we may as well settle this thing". I think it was Sun Zu who said something about winning wars without firing a shot. If I’m going to go to the expense and trouble of a lawsuit, it ought to be over issues that are more life altering than a damn mailbox.

This man finally won his case after seven years - hooray for him, but maybe he could have rallied his neighbors (apparently there were others who weren’t happy about the board’s decision), voted out the board who came up with this policy and then amended it. Yeah it would have taken a little work, but I’m sure it wouldn’t have taken $33K of my money (I’d rather pay for a really nice room addition or a luxury vacation!)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MichelleK5 (New York)
Posts: 161

Posted:

Quote:

Posted By SheliaH on 01/25/2017 2:20 PM
I’m also amazed at some of the stories I read on this site and agree a lot of these lawsuits start because HOA boards will not listen to reason. But homeowners grow up to be board members and let’s face it, some of us are hell bent on being right all the damn time, not matter how silly the issue or the facts that show we’re clearly in the wrong. We don’t always want to apologize and admit we were mistaken because we’re afraid we’ll look ineffective and weak. Ego is the downfall of a lot of people – why else, do you see families where people haven’t spoken to each other in years – still mad over an argument they can’t even remember what it was about?

I agree there are times when lawsuits are necessary, but if that becomes necessary, I want to win the first time out and in a decisive fashion, so that opposing counsel will turn to his/her clients and say "we can go to trial, but you will not win, so we may as well settle this thing". I think it was Sun Zu who said something about winning wars without firing a shot. If I’m going to go to the expense and trouble of a lawsuit, it ought to be over issues that are more life altering than a damn mailbox.

This man finally won his case after seven years - hooray for him, but maybe he could have rallied his neighbors (apparently there were others who weren’t happy about the board’s decision), voted out the board who came up with this policy and then amended it. Yeah it would have taken a little work, but I’m sure it wouldn’t have taken $33K of my money (I’d rather pay for a really nice room addition or a luxury vacation!)

Regarding your last paragraph. Everything you suggest takes a lot of time, and a lot of work. If you're willing to spend 33k on a lawsuit over a mailbox, live in an HOA where homes are worth millions, you probably don't have the time, or the inclination, to take on such a task. Much easier to hire lawyers and have it done with.

I keep asking myself would I take it this far over a mailbox.. oh god no - but that mailbox was symbolic of something much bigger, his rights as a homeowner.

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