Is this HOA discrimination?

4 Replies

We have lived in our home for over two years that we purchased. Me and my husband are law enforcement officers and my HOA has been harassing us about parking on the street when we don't park on the street. All the other neighbors do. Recently the board president went to our neighbors house asking if we have ever bothered her with parking on the street or if our dogs that bark inside of the house are a problem. I sent an email to the board informing them about the cars that do park overnight and informed them that we felt harassed about the issue. They responded to the email by going to our agency to complain on us saying we sent them a nasty unprofessional email which if a complaint is made it prompts an internal investigation (the board secretary made the complaint). They are also taking a vote to have all exterior lighting the same since we are the only homeowners that have a blue light in our post outside (blue for police support). We now have to put a for sale sign up in our yards very soon and leave because obviously they don't want us here. We have an appointment with an attorney this next week. What should our next steps be?

Updated 11 months ago

This is no conflict of resolution with our HOA regardless of what we do for a living. They have more control over us as an HOA than our own agency having control of us in our neighborhood.

Updated 11 months ago

One of our neighbors that know us or watch us recently approached one of my husbands friends that was working and mentioned “I know them and they are hated AF in the neighborhood because they are cops.”

You are going to sell your house and move because your neighbors dont like you? As a police officer, shouldnt you have some sort of training in conflict resolution?

I don’t think the fact that you are cops is the frankly seem a little over sensitive.  Putting up a blue light isn’t helping.  Any attorney who advises you to pursue something is just looking to collect a fee....what’s the legal claim, “they don’t like me”?

@Carriage Bliss I don't see any cause for a Fair Housing claim.  Working in Law Enforcement is not a protected class, unless laws are different in your state.

Even if it is, the HOA being mean doesn't cross the threshold of illegal discrimination.

"We have to move" is not really accurate either. The HOA isn't forcing you to move. It's your choice.

They sound like jerks and I'd probably move too, but I'd just get it done and move on.  I don't know of any laws that would make them be nice to you.

PS - this is one reason that I'd *never* live with an HOA.

@Carriage Bliss an HOA has covenants and other policies. They should also have a set of rules regarding violations and how you are to be notified, the individual steps, etc. Have you looked at these docs? Are they following them? You mention overnight parking in the street as an example. Do they send you a formal notice and tell you the date that it happened? Did they send you a "friendly reminder" the first time? I managed an HOA for almost 6 years. The first response most residents had if I notified them of a violation was two fold: be pissed off and point fingers at other neighbors who they thought were also violating the rules. Kinda like being a cop and writing a ticket - people immediately want to point at others speeding by or committing worse crimes - that is beside the point. I also suspect that you are wasting your money on an attorney right now. Most HOAs have an arbitration clause. You need to take a step back, breathe, look at what is true vs. what is heresay, learn the steps you take if you feel you have been unfairly accused, etc. Force them to follow their own rules and if they don't then remind them of the rules and request again. Document everything - no "in person" conversations.

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