Posted on Apr 22, 2014
HELP! Is there any protection for service members from Home Owner Associations?
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I am going to be brief, but there is a lot of details for this one. I own a house outside Nashville, TN. However, I am in the National Guard and am currently in another state completing some training. My home is in a subdivision that is under an HOA. Normally, I never thought about it; I just paid my dues and minded my own business. However, I rent my house in order to pay my mortgage. The HOA has recently told me that if I continue to rent my house they will file legal action against my property manager and myself. The bi-laws state that only seven properties can be rented at a time, and, although my JAG officer and I have tried to explain the situation, they are unwilling to work with me. We have always been upfront with the HOA and have tried our best to not cause problems. We are even willing to pay the fine of $25/ month for breaking the rule. However, the HOA is unwilling to even allow us to do that. They are pushing through with legal action. We are faced with very few options. We can face legal action and just put someone in the house anyway. They cannot file civil action against me until I get back off orders. We can default on our mortgage- the SCRA protects us from getting foreclosed on. However, by defaulting my MOS could be affected because of clearance issues. Lastly, we could sell our home. I hate this option because we love our house and want to raise our kids there. However, we are left with very little choice at this juncture. The JAG officer just tells us they found a loophole and are exploiting it. There is nothing that protects a service member from the HOA. Please help. I have been told to contact my congressman and the media, but I would rather not bring that much more drama into the situation. Thanks for all your advice!
JAG
Army National Guard
Law
Posted >1 y ago
Responses: 15
Maybe you should also contact your local news station to bring attention to the fact that this HOA is not understanding of your duty to your country. If they are embarrassed by the attention they may drop the legal action. Also, your fellow neighbors may not know that this is going on in their own neighborhood and they may pressure them to drop it. In my experience being involved with HOA's there are usually a few individuals that want to control the entire neighborhood. Glad to hear your representative is going to bat for you.
Don't know, but want to follow to here if you find a solution. Hope it works out for you and you can help others through your struggle.
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Sir, as of now, we have contacted our congressman and our state representative. The state representative has really taken an interest to the situation. Not only is he contacting the HOA and pleading with them, he is also going to present new legislation that allows service members to be allowed to rent their homes, regardless of any HOA bi-laws. To me, this would be the real victory because it would make a greater impact on the future for military members. I will keep this post updated as we work for a resolution.
SSgt (Join to see)
SPC David C. - Good work on getting your congressman to do the leg work. I had the help of Sen. Burr of NC to resolve some issues and it worked well as I am sure it will with you too. I will be keeping you in my thoughts and prayers....
Have you attempted to rally support from other home owners in the association? Remember....a majority vote can overrule or even change HOA rules.
While I understand your frustration, this is a prime example of why you need to be very careful about purchasing property that is part of an HOA. Good lawyers can find ways to get you out of the HOA thumb, but it will cost you...and likely piss off your neighbors. It's about politics, you've got to play the political game and get your neighbors on your side. Once you turn the majority of homeowners an HOA becomes powerless. Read the fine print and details of the HOA contract. Be creative about getting what you want, you may have to draft and propose amendments to the HOA rules. There's generally a way to do it. Good luck!
While I understand your frustration, this is a prime example of why you need to be very careful about purchasing property that is part of an HOA. Good lawyers can find ways to get you out of the HOA thumb, but it will cost you...and likely piss off your neighbors. It's about politics, you've got to play the political game and get your neighbors on your side. Once you turn the majority of homeowners an HOA becomes powerless. Read the fine print and details of the HOA contract. Be creative about getting what you want, you may have to draft and propose amendments to the HOA rules. There's generally a way to do it. Good luck!
CW2 (Join to see)
I believe this is the best solution. I was president of my HOA for a little while before I PCSd. Remember that the HOA is not just some oppressive dictatorship. Find out who the members of your HOA board are, and find out when their annual meetings are. The HOA board can vote to change anything they want. If you lobby your case to the board, they may change the rules to make an exception for others in your situation. I would especially emphasize that you wish to return to this home and are not exclusively using it as a rental property, which is why I'm guessing this rule was made.
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