this post was submitted on 24 Jul 2023
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Genuinely curious, as in my country HOAs are a bit less powerful, but: wouldn't it be the other way around? If the HOA fines you for things that are legal within state law, and you refuse to pay, don't they need to sue you to get you to pay(or to try to get your home, which I heard is sometimes an option)? Or do you really need to sue them?
Okay, how it works is the HOA issues a bogus fine. Then they do that a few more times with late fees and nonpayment fees and whatever else they tack on. Then they launch a lawsuit or put a lien on your house (basically they can repossess your house from under you, even if the HOA never held the title before).
Depending on the judge the HOA gets, they might be able to pull it off without you knowing about it until the trial date. It's not going to be a jury trial, it will just be a judge hearing evidence and making a ruling. The HOA agreement that you (or the previous homeowner) signed is the number one piece of evidence. The number of fines and non-payment of them is all the judge often sees.
Do note that this process is most often used against people of darker skin tone who live in whiter HOAs.
So yeah, if an HOA starts issuing fines that are illegal, it's often best to sue them first. That way, the judge hears your evidence first.
The goal should always be to disolve the HOA, because they are often created to keep out darker skinned or poorer homeowners. And they're a way for little yard nazis to grasp at power.