HOA Gave Me A Violation For Paint On The Road

HOA Gave Me A Violation For Paint On The Road

Investor · Laurel, MD · Member since 2014 · 251 posts · 140 votes

Hey All,

I recently moved to a new state for the military and will be renting my old primary residence. This place is in an HOA.

A few months back the HOA decided to have the road resealed and coated, it looked newish for a few weeks.

Shortly after, there was what looked like a paint spill in the road and I dove over it and it tracked into my driveway, this was at night. My pressure washer was set up from pressure washing earlier so I decided to attack it quick before it dried and cleaned my driveway. I also took it upon myself to clean as much of the road as I could get which was about 20 ft of the 100 ft stretch of spill.

The day we are leaving and packing up the truck some old timer comes up and makes small talk then proceeds to ask me if I know anything about the paint, I respond I don't and he responds hmm looks like it started somewhere around here. Turns out the guy is on the HOA board.

Today I received a violation saying they are holding me accountable for the spill and that they “spent 1000’s on making it nice” and it is my responsibility to make it nice again and if I don’t they will do it then bill me. Their justification is that a board member asked me about it and I said I did not know anything about it and that multiple neighbors have stated they saw me pressure washing the road.

What’s your take fellow members??

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Greg WeikBusiness Member
Property Manager · Denver, CO · Member since 2020 · 263 posts · 327 votes
5y

Keep it simple.  Tell them you did not cause the paint spill.  If they have evidence you did cause the paint spill, tell them they need to come forward with it. If they try to fine you without evidence, lawyer up. 

As a property manager, I deal with HOAs constantly. The people who join HOA boards are usually power-driven individuals with a "small man complex." They are sometimes trying to keep the neighborhood nice, but most often, they are just bullies.

They especially hate rental houses! The HOA for one of my rentals (which is in amazing shape, one of the nicest houses in the neighborhood inside and out) recently emailed me a threat letter because my tenant has tags that just expired. It's unreal to me that some people think that is the best use of their time.

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  • John UnderwoodPro Member
    Investor · Greer, SC · Member since 2014 · 13k+ posts · 17k+ votes
    5y

    Ask them to show you the section in the HOA covenants and restrictions that shows where you are responsible for someone else making this mess in the road.

    Also ask them for pictures or video evidence that shows you were the culprit since you know this couldn't possibly exist as you did not do this.

    Don't give in to their bullying.

    I'm sure there is a section in the rules that say you are entitled to Quiet Enjoyment and they shouldn't be harassing you.

  • Investor · Seattle, WA · Member since 2020 · 106 posts · 89 votes
    5y

    I agree with the comment above, check the HOA rules. Homeowners must know that an Association cannot enforce a rule that does not exist in its governing documents. Therefore, upon receiving a notice of violation, homeowners should read the association's Declaration to determine if the rule the association claims to be violated is valid.

  • Investor · Fontana, CA · Member since 2020 · 128 posts · 94 votes
    5y

    @Nam Trang There is a reason that HOAs "enforce every petty rule". The rules can only be enforced by civil law, by not enforcing the rules theHOA can lose the right to enforce the rules. Let's say the board allows several owners to use unapproved paint, non-compliant garage doors, etc.

  • Multifamily Syndicator · Houston, TX · Member since 2016 · 1k+ posts · 2k+ votes
    5y

    That old-timer knew exactly what he was doing when you sparked that "conversation" with you!

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    5y

    It’s simple....just tell them what you to,d us, that you saw a spill, have no idea who did it, tracked through it, cleaned as much as you could....end of story.   Suggest your investigator neighbor to find out who was having painting done that day.

  • Greg WeikBusiness Member
    Property Manager · Denver, CO · Member since 2020 · 263 posts · 327 votes
    5y

    Keep it simple.  Tell them you did not cause the paint spill.  If they have evidence you did cause the paint spill, tell them they need to come forward with it. If they try to fine you without evidence, lawyer up. 

    As a property manager, I deal with HOAs constantly. The people who join HOA boards are usually power-driven individuals with a "small man complex." They are sometimes trying to keep the neighborhood nice, but most often, they are just bullies.

    They especially hate rental houses! The HOA for one of my rentals (which is in amazing shape, one of the nicest houses in the neighborhood inside and out) recently emailed me a threat letter because my tenant has tags that just expired. It's unreal to me that some people think that is the best use of their time.

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