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How can one fight an HOA that allows RVs but won't approve screening?

Submitted by RVowner on Tue, 11/10/2009 - 8:11pm.

My wife and I bought our home nine years ago with the intent of retiring and buying an RV,(37 foot fifth wheel),and traveling several times during each year. We intended to keep our RV on our property which is permitted by the HOA with no restrictions on type or size. The only stipulation was we were to erect screening which must be approved by the HOA. We submitted the application with signatures from all the surrounding neighbors as required, drew the plans, then submitted the application. We were denied. The HOA sent back questions as to size and height of our RV with the rejection. We resubmitted the application with the deminsions of our RV which didn't make much sense since we had the deminsions of the screening on our drawing of the requested screening. We were denied again and was told in writing that,"no screening of any type would be approved". Another RV just a block away, the same size as ours, has been in that yard for seven years with no screening. They never applied for screening and have never been warned or fined. We now have a $2,500.00 lein on our home.We took our RV out of state for six months and the first month we were gone we recieved a letter stating the lein would be removed if we never brought the RV back and all they wanted was for the RV to be removed or the original lein would be reinstated. Now, six months later we have returned with the RV since the lein was never removed and they billed us legal fees for the lein. Now I refuse to move my RV under any circumstances since other RVs are in the subdivision with no screening and no repercusions. There are a large and numerous number of violations of the HOA rules which a board member is guilty of just nine houses from my home. The RV I mentioned being the same size as mine is directly across the street from a board member. This whole case is fraud and extortion. The HPA has refused my request to know what type of screening is approved which I requested in both of my original applications. I stated that if my application and drawing of screening would not be approved then tell me what screening would be approved and we would put that screening up. Anyone have any good ideas on how to fight the HOA effectively?


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Put up a web page to

Submitted by Anonymous12345 (not verified) on Fri, 11/13/2009 - 3:20pm.

Put up a web page to prominently feature your HOA.
Sue your HOA and do so before they sue you.
Advertise the fact that the HOA has been sued for arbitrary, capricious, and discriminatory application of restrictive covenants
If your CCRs provide that an Architectural Committee request cannot be unreasonably denied then include a claim to enforce the restrictive covenants against the HOA.
If your CCRs provide that a certain number of Architectural Committee members must act within a certain time period to render a decision, then determine a) whether the decision was timely rendered, and b) whether there is any evidence that the requisite number of Architectural Committee members acted upon your request. If not, then include another claim to enforce the restrictive covenants against the HOA.

You may have some equitable defenses since the HOA is tying your hands with respect to erecting a screen and seems to be basing the fine on the allegation that the RV isn't screened.

Identify the members of the HOA Board on your website.

Include a copy of the lawsuit on your website.

Note prominently that homeowners should identify the lawsuit as part of a seller's disclosure due to the shared financial liability that the members have for the HOA's liabilities. Note that you are seeking attorney fees and other damages from the HOA for unreasonable denial of approval.

If you have children or a biracial marriage or are a different race than the board members, include a claim for racial discrimination and familial discrimination. Often Board members are retired and expect to control the neighborhood to be a retirement community. They do engage in racial discrimination and they do engage in familial discrimination

Board members feel bulletproof. However, they soon become paranoid. You may note that they do not wish to identify how the decision makers voted nor even sign off on the "denial" that they sent you. They will increase D&O policies to cover their rears. They will close meetings, records, and elections to preserve their powerbase and to disenfranchise all the homeowners. All standard operating procedure that boards engage in and are advised to engage in by trade-lobby groups representing HOAs. By the way, you never mentioned if an HOA management company was involved.


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We do have an architectual

Submitted by grizzlyman (not verified) on Sat, 11/14/2009 - 7:00pm.

We do have an architectual committee that denied all screening and they are liabel for bad faith and fraud which is stated in the HOA rules. Our management company is a realty company so I am sure they will use layers that normally represent them.


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Legendary Meadows Homeowners

Submitted by Anonymous-disgusted (not verified) on Tue, 11/17/2009 - 11:42pm.

Legendary Meadows Homeowners Association Hoschton Georgia


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OOOHHHH......HMMMMMMMM This

Submitted by KIRK7XXXXXXXX (not verified) on Fri, 01/01/2010 - 2:18pm.

OOOHHHH......HMMMMMMMM

This kind of thing never stops suprising me.

HOA's are bad. Period. What suprises me is that you know you have done the right thing, yet you are wondering how to deal with it. HIRE A LAWYER!!! That is how. I hope you have kept all correspondence from the HOA. Compile it in order take it to a reputable lawyer (if any a reputable, but you get my point). Seek a declatory judgment, sue the HOA for your lawyer fees.
You didn't start this fight but you have one. Finish it. Take them to court and make it hurt really bad for them. It is the only way they will leave you alone.


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