Florida women face jail, legal debt and foreclosure after minor HOA violations — has their HOA gone too far?

Yahoo

2 days ago

Just days after a Florida woman spent a week behind bars over a dispute with her homeowners association (HOA), she's now at risk of losing her home altogether. And she's not alone.
Irena Green, who was jailed for seven days over seemingly minor infractions like dry grass, a dented garage door, and a dirty mailbox, is now facing foreclosure from her HOA. Her story, which began as a lawn care complaint in the Creek View neighborhood near Tampa, has ignited widespread outrage over how far HOAs can go.
But now, other Creek View residents are coming forward, claiming they too are being targeted and overwhelmed, not by unpaid mortgages, but by mounting HOA legal fees.
'I said what foreclosure?' Homeowner Shonia Cruz Munoz said to local outlet ABC Action News, who says she was blindsided by a lawsuit over the color of her home's paint.
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A growing number of HOA battles — and rising legal bills
At the heart of the dispute is how Creek View's HOA board has enforced its 67 pages of rules and regulations covering everything from trash bins to lawn care. Homeowners say the HOA has outsourced enforcement to a property manager and a law firm that are relentless in cracking down on even the smallest violations.
Green's case began with notices about her lawn. Then came complaints about a commercial van in her driveway. She tried to address the issues but missed a court date she says she was never properly notified about, and ended up in jail for contempt of court.
Now, she's facing foreclosure over unpaid HOA dues and, more critically, legal fees.
A February court filing showed Green owed $12,295, with $9,400 of that being attorney fees. On top of that, she still owes $3,300 in a separate HOA case.
'They locked me out of the account. I was reaching out to them' Green said, adding that she'd lost her job while caring for her sick mother.
Neighbor Shonia Cruz's story follows a similar arc: a dispute over faded paint escalated into a legal battle, even after she repainted her home and tried to follow instructions. She claims to have painted her house three times since 2015. 'Nobody paints their house that many times.'
Eventually, Shonia agreed to a settlement, paying off thousands in legal fees in monthly installments to avoid foreclosure.
And it's not just them.
Other neighbors say they've received citations for toy wagons left outside, mildew on mailboxes, and sod that wasn't green enough — sometimes served on weekends or with barely any time to respond.
'He would ride through here really slow in his truck. He had his clipboard in his lap,' one neighbor said of the property manager. 'If he was going to write you up, he'd stop in front of your house.'
Read more: Americans are 'revenge saving' to survive — but millions only get a measly 1% on their savings.
What can you do if your HOA goes too far?
Homeowners associations can offer structure and protect property values, but they can also carry significant risks. When disputes escalate, they can lead to court appearances, liens and even foreclosure. Here's how to protect yourself before you end up in a similar situation:
1. Read the HOA bylaws thoroughly
Before buying in a community with an HOA, get a copy of the CC&Rs (Covenants, Conditions & Restrictions). Understand what's allowed, what's not, and how fines, violations, and legal actions are handled.
2. Document everything
If you're cited for a violation, take photos and keep detailed notes. Save every notice, email, and communication with the HOA or its property manager. This can be crucial if you end up in court.
3. Don't ignore court dates
Green's jail time stemmed from missing a court hearing. Whether you agree with the violation or not, never miss a court date. Hire legal help if needed, even a short consultation can help you navigate the process and avoid bigger problems.
4. Watch out for legal fees
HOAs often pass legal fees onto the homeowner, and those costs can spiral quickly. If your HOA hires a third-party law firm, even small matters can rack up thousands of dollars in legal costs. Consider negotiating a settlement early before things escalate.
5. Know your rights and when to fight back
'If the board is really handing the keys to the property manager, that's when problems start,' said attorney David Lehr, who represents homeowners in HOA disputes. Residents may have recourse through mediation, state complaint processes, or civil suits, but acting early is key.
Bottom line
HOAs can play a helpful role in community upkeep, but they can also act with surprising power, especially when enforcement is outsourced and unchecked. As Green's case shows, it doesn't take much for a lawn violation to snowball into legal trouble and financial distress.
'If they decide that you need to do something, you need to follow the rules,' said Paul Boudreaux, a professor at Stetson Law School. 'And when a judge tells you to do something, you have to do it.'
For anyone living in an HOA community, or thinking of buying into one, it's worth remembering: the fine print can cost you more than you think.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.