Board Member Sues Her Own HOA For ‘Improperly’ Towing Her Brother’s Car — ‘Now They Want To Vote Me Out’
"I feel like I'm acting in the best interest of our community."
Living in an area regulated by a Homeowner’s Association (HOA) can be a struggle. From being policed about garden gnomes to paying outrageous fines, it’s a controversial subject, to say the least.
While they’re largely responsible for “keeping the peace” in communities, regulating aesthetics, and communicating amongst neighbors, they ironically find themselves at the intersection of petty disputes and dramatic investigations far too often.
Distaste for HOAs extends far and wide, including one female homeowner who shared her “horror story” as a board member on the HOA Reddit forum. “They want to kick me off the board,” she wrote at the beginning of her post, “but this seems like retaliation. It’s illegal.”
A board member sued her own HOA for ‘improperly’ towing her brother’s car in their community.
“I am a board member of my HOA. Our property manager improperly towed my brother's car by failing to post a notice prior to towing,” she explains. “The property manager then lied about it.”
While many argue, including HOA manager @melodie.lain on TikTok, that there are a lot of misconceptions about the way these associations are run — from regulations to legal powers — this woman’s experience doesn’t seem to be founded in any kind of miscommunication.
They improperly towed her brother’s car — “improperly,” as defined by the rules and regulations the HOA communicates to members. Being a pillar for the community, she tried to handle it the right way — but was subsequently ignored, urged to resign, and then “cold-shouldered” by her peers.
After suing the HOA and having the property member removed, she’s now worried that other members will ‘vote her out.’
“I tried to convince the other members to reimburse my brother, but they chose to believe our property manager over me,” the woman wrote, arguing that her peers refused to cooperate with her appeals and concerns.
With no option to resolve the issue, she decided to sue the entire HOA, subpoenaing her property manager for the evidence she continuously lied about to protect their image.
“There was clear evidence that there was no violation … There are requirements in our rules and regulations for a tow to take place.”
Joshua Besnick | CanvaPro
The board members eventually chose to let their property manager go but then turned on her the next day. When she refused to settle the lawsuit against the rest of the HOA, they started a campaign to try to get her to resign.
“I refused to drop the claim until they reimbursed my brother. They eventually settled the claim and reimbursed my brother, but they were quite upset … They asked me to resign and I refused.”
Holding other HOA board members accountable has enlightened her on the inefficiency of their system.
This woman’s experience is an unsettling reminder that the uninformed are often taken advantage of, especially in communities like this, which are run almost entirely at the discretion of an HOA.
If a board member, who is fully versed in an HOA’s rules and regulations, is still being attacked for reporting a violation, there's no telling what could happen to homeowners who don’t know any better.
Because this woman, like many commenters pointed out, can’t be directly voted out by her peers — they only have that power for elected officials, like the property manager — she got a first-hand look at how they handle other violations and complaints.
Attorney Hartley, known as @tiktokinjurylawyer on TikTok, has dedicated several posts to empowering homeowners to stand up to their HOAs — not to dispute regulations, but to stand up for themselves when they’re being improperly targeted.
“Look at the by-laws for violations with your HOA,” she suggested to homeowners. “Everyone will be different in terms of the ‘next step.’” Once you’ve responded to them in writing, you’ll see how seriously they’re taking enforcement action, and you can be better informed on the next steps, like a lawsuit or legal action.
Of course, the best way to navigate these situations is to be well-informed, and that starts with knowledge. Get to know your rights, your responsibilities, and your means for push-back if something goes wrong — and most importantly, don’t let people take advantage of you.
Zayda Slabbekoorn is a staff writer with a bachelor’s degree in social relations & policy and gender studies who focuses on psychology, relationships, self-help, and human interest stories.