Homeowners associations (HOAs) are frequently the source of headaches for the homeowners who live in them. Not only do they commonly impose strict rules about what you can and cannot do with your home, but they can also hit you with fines and penalties if you break the rules. While some of those fines can be on the smaller side, larger fees can really add up.
One California says that his HOA’s fees totaled almost $50,000 after the association claims that he refused to remove six plants from his backyard. The catch, the plants in question are cannabis plants. Redditor @eric_strawmann posted about the incident on an anti-HOA Subreddit page, sharing his story and asking if anyone had ever been in a similar situation.
While some people were quick to offer legal advice, others were suggested some different approaches the OP could take to keep his HOA from knowing that the plants were even back there.
Here’s what we know.
The HOA Originally Told Him the Plants Were Okay
My HOA is suing me for $48,750 over six cannabis plants that literally nobody could see.
by
u/Eric_Strawmann in
fuckHOA
According to the post, the homeowner had asked if he would be able to keep his cannabis plants in his yard, since he was legally allowed to grow the plans under the state’s law. The OP says that the rules were clear that the plants were permitted as long as they were “out of view,” and the OP followed up with the HOA before buying the property to confirm whether or not the backyard would count.
But ever since the family moved to the HOA back in 2022, the Redditor said that the governing board has been giving him a hard time, even moving the kid’s bus stop away from the family’s home. However, things hit a new low earlier this year when the HOA ordered the OP to remove his cannabis plants, claiming they were lowering the value of nearby properties.
“Then last Wednesday I was served with a lawsuit seeking $48,750 in fines,” the post continued. “$250 per day for 195 days, for ‘failure to remove prohibited public-view vegetation.'”
The Notices Were Being Sent to the Wrong Address
To add insult to injury, the OP said he was able to get copies of the warning letters that the HOA claims they sent to him, but they were all delivered to a different address. “Every single one was addressed to 14218 instead of my address, 14281,” the post continued. “The other house is vacant and a few streets away.”
The OP hired an attorney who reached out to the HOA, but was told that despite having permission and having the notices sent to the wrong address, the board had still voted to proceed with the case.
“My wife thinks the judge will throw the case out as soon as they see all of the notices were mailed to the wrong address,” the post concluded. “I’m hoping she’s right, but I’ve already had to hire an attorney just to defend myself.”
Other Redditors Offered Solid Advice
It seems like Reddit unanimously agreed that the OP would not only be okay, but that he could probably counter sue to force the HOA to pay for his legal fees.
“The fact that the address was wrong and that they had your email address alone is enough to get this dismissed on the merits,” the top-rated comment said. “That they changed their mind because “Google Earth” is just the icing on the cake. Check with your attorney whether you can cross-claim for fees and/or damages.”
While fighting back against your HOA isn’t ideal, it’s not uncommon according to the Condominium Associates blog. The website states that “most HOAs” have been at the center of some sort of legal action, whether it be from vendors or homeowners.
And while the website didn’t disclose just how many times someone fights back against their HOA and wins, it did note that usually it’s the associations insurance that bears the costs of these lawsuits, which is generally paid for by the people who live in the association, making it a bit of a lose-lose situation for homeowners even when they win their cases.