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

Yahoo

time15 hours ago

  • Yahoo

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

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. Don't miss Thanks to Jeff Bezos, you can now become a landlord for as little as $100 — and no, you don't have to deal with tenants or fix freezers. Here's how I'm 49 years old and have nothing saved for retirement — what should I do? Don't panic. Here are 6 of the easiest ways you can catch up (and fast) Want an extra $1,300,000 when you retire? Dave Ramsey says this 7-step plan 'works every single time' to kill debt, get rich in America — and that 'anyone' can do it 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. What to read next Robert Kiyosaki warns of 'massive unemployment' in the US due to the 'biggest change' in history — and says this 1 group of 'smart' Americans will get hit extra hard. Are you one of them? How much cash do you plan to keep on hand after you retire? Here are 3 of the biggest reasons you'll need a substantial stash of savings in retirement Rich, young Americans are ditching the stormy stock market — here are the alternative assets they're banking on instead Here are 5 'must have' items that Americans (almost) always overpay for — and very quickly regret. How many are hurting you? Stay in the know. Join 200,000+ readers and get the best of Moneywise sent straight to your inbox every week for free. This article provides information only and should not be construed as advice. It is provided without warranty of any kind.

Homeowner stunned after discovering dangerous issue with recent HOA project: 'The bedroom can't be used'
Homeowner stunned after discovering dangerous issue with recent HOA project: 'The bedroom can't be used'

Yahoo

time18 hours ago

  • General
  • Yahoo

Homeowner stunned after discovering dangerous issue with recent HOA project: 'The bedroom can't be used'

A homeowner posted photos on Reddit of a window in their home that their HOA blocked when it installed a rain gutter during an exterior refurbishment project. The homeowner was unable to open the window and expressed safety concerns. "The bedroom can't be used," they said in their original post. The original poster reported that two different subcontractors who were hired did not communicate properly, thus blocking the outward-opening window. The homeowner attempted to work with their HOA to resolve the issue, but the HOA was not being cooperative and stated it could not move the gutter, so the OP expressed plans to contact the fire department since they believe it to be a fire code violation. HOAs are frequently complained about with regard to being overly controlling or neglecting homeowner needs, such as this incident. Sometimes, HOA oversight or neglect can affect homeowners by increasing utility bills, worsening their quality of life, destroying property or yards, or putting their safety at risk, as in the case of the OP. All of this can have environmental consequences in the form of wasted resources, excessive pollution, or impact on wildlife and the balance of local ecosystems. HOAs have also been known to prevent homeowners from making eco-friendly changes to their homes or yards, such as installing solar panels, allowing the charging of electric vehicles, and growing native plants. HOA issues can often be difficult to resolve, so TCD offers an HOA guide as a resource to learn how you might change established rules, particularly as they pertain to eco-friendly home modifications. Some homeowners have successfully battled their HOAs to make environmentally friendly updates to their homes. The OP said they are trying to be understanding about their window being blocked but that, as time passes, it is becoming more difficult to do so, as they don't feel safe using the room without access to an emergency escape. Fellow Redditors shared in the frustration and offered suggestions on how to handle the issue. "Remove the gutter and tell them to fix the issue," one commenter declared. "If they c(o)me after you then you did it for your safety and fire code." "HOAs shouldn't exist to the degree that they do," another shared. "You should … know your rights to be able to push back when they … cross legal lines," one supportive Redditor said. Should homeowners associations be able to determine what you grow in your garden? Yes Only if it impacts your neighbors Depends on what you're growing Heck no Click your choice to see results and speak your mind. Join our free newsletter for easy tips to save more and waste less, and don't miss this cool list of easy ways to help yourself while helping the planet. Solve the daily Crossword

Peacocks are overwhelming an Orlando neighborhood: ‘There's feces everywhere'
Peacocks are overwhelming an Orlando neighborhood: ‘There's feces everywhere'

Yahoo

time3 days ago

  • General
  • Yahoo

Peacocks are overwhelming an Orlando neighborhood: ‘There's feces everywhere'

Peacocks are making life miserable for the residents of a neighborhood in Orlando, Florida. Residents at the Villas at Costa del Sol are angry about a bunch of peacocks who they say are damaging property and creating safety concerns by defecating all over the neighborhood and chasing local children. The frustrated Floridians said the problem began years ago when a resident introduced a pair of peacocks into the community. The birds reproduced, adding more and more peacocks to the area over the years. Now the birds are numerous, and are reportedly causing issues. 'There's feces everywhere and the kids play in the ground, you know that has so much bacteria, so that's one of the things we're worried about. They go after the kids, like if the kids were with their family and they're playing, they just run after them,' Maria Calderon, the volunteer HOA president at the Villas, told News 6 Orlando. Residents of the Villas at Costa del Sol in Orlando, Florida, are frustrated that a large community of peacocks have been damaging their homes and cars, scaring their children, and leaving droppings around their homes (stock image) (Unsplash/Gibran Hamdan) The birds aren't just scaring children and leaving droppings; they're also reportedly scratching up residents' vehicles and damaging their homes. According to Calderon, the birds see their reflections in the car panels and try to fight their reflections, leaving scratches and beak marks. One resident reportedly had to spend thousands to repair their car, and later switched to a lighter-colored vehicle that was less reflective to avoid bird attacks. 'They scratch your car because they think they're fighting,' the resident, who chose not to provide their name, told the broadcaster. 'All I hear is THUD THUD THUD cause they're pecking it with their beak, and they go to the other side of the car cause they think they'll get to that other bird. And then they're not just pecking at it, they're jumping up and they're scratching it.' Another resident, named Victor, told the outlet that birds have torn at his screen door and have flown onto his roof, forcing him to replace two tiles already. Unfortunately for the residents, if they want the birds gone, they'll have to foot the bill. The city of Orlando, Orange County, and the Florida Fish and Wildlife Conservation Commission have all said that removing the birds is the responsibility of the residents. That's easier said than done; Calderon said she's tried numerous public and private groups asking for help, but hasn't found anyone willing to take on the task. She said few organizations she's spoken with have the capacity to house the large number of peacocks loose in the area.

Peacocks are overwhelming an Orlando neighborhood: ‘There's feces everywhere'
Peacocks are overwhelming an Orlando neighborhood: ‘There's feces everywhere'

The Independent

time3 days ago

  • General
  • The Independent

Peacocks are overwhelming an Orlando neighborhood: ‘There's feces everywhere'

Peacocks are making life miserable for the residents of a neighborhood in Orlando, Florida. Residents at the Villas at Costa del Sol are angry about a bunch of peacocks who they say are damaging property and creating safety concerns by defecating all over the neighborhood and chasing local children. The frustrated Floridians said the problem began years ago when a resident introduced a pair of peacocks into the community. The birds reproduced, adding more and more peacocks to the area over the years. Now the birds are numerous, and are reportedly causing issues. 'There's feces everywhere and the kids play in the ground, you know that has so much bacteria, so that's one of the things we're worried about. They go after the kids, like if the kids were with their family and they're playing, they just run after them,' Maria Calderon, the volunteer HOA president at the Villas, told News 6 Orlando. The birds aren't just scaring children and leaving droppings; they're also reportedly scratching up residents' vehicles and damaging their homes. According to Calderon, the birds see their reflections in the car panels and try to fight their reflections, leaving scratches and beak marks. One resident reportedly had to spend thousands to repair their car, and later switched to a lighter-colored vehicle that was less reflective to avoid bird attacks. 'They scratch your car because they think they're fighting,' the resident, who chose not to provide their name, told the broadcaster. 'All I hear is THUD THUD THUD cause they're pecking it with their beak, and they go to the other side of the car cause they think they'll get to that other bird. And then they're not just pecking at it, they're jumping up and they're scratching it.' Another resident, named Victor, told the outlet that birds have torn at his screen door and have flown onto his roof, forcing him to replace two tiles already. Unfortunately for the residents, if they want the birds gone, they'll have to foot the bill. The city of Orlando, Orange County, and the Florida Fish and Wildlife Conservation Commission have all said that removing the birds is the responsibility of the residents. That's easier said than done; Calderon said she's tried numerous public and private groups asking for help, but hasn't found anyone willing to take on the task. She said few organizations she's spoken with have the capacity to house the large number of peacocks loose in the area.

A cooler, 'free water' sign in a man's driveway led to his HOA fining him $650
A cooler, 'free water' sign in a man's driveway led to his HOA fining him $650

USA Today

time3 days ago

  • General
  • USA Today

A cooler, 'free water' sign in a man's driveway led to his HOA fining him $650

David Martin got his first warning from the Canyon Trails Unit 4 West Community Association in 2022. A Phoenix area man is trying to get over $600 in homeowners association fees waived after he was cited for leaving a cooler and a 'free water' sign in his driveway. David Martin first set water out in his driveway back in 2020 during the COVID-19 pandemic, he told USA TODAY on July 17. In his driveway, he set out a cooler, a bowl of water for dogs, as well as a sign encouraging people to keep hydrated. He got his first warning from his neighborhood homeowners association (HOA), the Canyon Trails Unit 4 West Community Association, in 2022, according to documentation reviewed by USA TODAY. In a citation issued in May 2022, the violation was listed as 'other – store items out of view.' Since then, he has been embroiled in a back-and-forth with the HOA and management company FirstService Residential, and he has been charged $650 in fees. Martin said the HOA wants him to put the cooler closer to his porch. 'If you have something on your porch, are you going to walk off the sidewalk, up a driveway, around a porch toward a front door, wondering if that cooler is for you?' he asked. 'Nobody's going to do that.' A notice Martin shared on social media last year shows that the City of Goodyear issued him a warning for a "cooler stacked on crate stored in (the) front driveway." The notice, issued on Nov. 6, 2024, called for Martin to move all items visible and store them away from public view. Neither the HOA nor the City of Goodyear immediately responded to USA TODAY's request for comment this week. A spokesperson at FirstService Residential, the management company for the community, said in a July 17 statement to USA TODAY that it does not create community policy. 'We carry out the policies and directives of the elected board of directors in accordance with the governing documents," the spokesperson said. "We understand there are passionate views about this matter and are committed to supporting a resolution that aligns with both the association's rules and the values of the residents.' Martin began giving out free water after health scare Martin's wife was among the first to live in the Canyon Trails neighborhood, about 23 miles west of Phoenix, he told USA TODAY. Martin moved there in 2017, he said. Footage from Martin's surveillance camera shows kids walking by with their dogs, riding bikes and grabbing water, something he wanted to see when he first set out water for community members years ago during the COVID-19 pandemic. Martin used to be 325 pounds, then he got a lapband and started running. During a marathon, he became dehydrated and was in excruciating pain, he said. When COVID hit and temperatures began to rise, he set out water to help those around him. After he got his first violation in 2022, he called the HOA and requested three things: A letter of apology, a public apology and a pallet of water. In a May 2022 memo, the HOA wrote to Martin that the violation was sent to him by mistake and that his file had been notated. HOA changed the reason for the violation, Martin says Martin said things calmed down in 2022, but then in March 2024, they sent another warning citing the same issue, urging him to store the cooler elsewhere. 'In our efforts to maintain the property and enhance the values within our Community, the Board Of Directors of Canyon Trails Unit 4 West Community Association, Inc has directed FirstService Residential to perform periodic reviews, as well as respond to homeowner concerns,' the memo read. In March of 2024, he got another warning, but reminded the HOA about the apology it issued to him back in 2022. He was told the apology was sent by mistake. In April of 2024, the fines began, Martin said. It started with a $25 fine, then it increased each month. Martin's friend reached out to local media, and his story made local headlines. Subsequently, around August of 2024, the fines ceased, he told USA TODAY. 'We did something funny with that cooler,' Martin told USA TODAY. 'They specifically listed a blue, gray IGLOO-style cooler. We painted it matte black, put it in the middle of our graveyard, cemetery for Halloween, and we had smoke coming out of it,' he said. Martin took the sign saying 'free water' down after that, but kept the cooler out, Martin said. Community members support Martin This March, Martin received another warning where an HOA representative suggested he look into 'an architectural request for (a) more aesthetically pleasing storage option.' Martin requested that the previous fines be removed, but his request was denied. He also got a letter that said the signage was the issue, which differed from the earlier violations citing storing items out of view. Martin said that since this began, people have sent him at least 200 cases of water to give to people for free. 'We feel very blessed and fortunate that there are this many people supporting us,' he said. 'My neighbors are tired of the HOA. They think everything we're doing is right.' Some neighbors have even put out coolers of their own, and the ordeal has also been addressed at community meetings, he said. Martin started a petition with over 100 signatures to have three HOA board members involved removed, he told USA TODAY. He submitted the petition, and the HOA notified community members that a special meeting and vote would be held to determine if the board members would be removed. Although some meetings have been canceled recently, there was one on July 9 where members voted to have board members ousted, Martin said. There were 209 verified ballots, and 190 voted to remove all three board members, he added. 'We needed a total of 211, but because of the back and forth that the HOA and property management company were doing, they said that the emailed ballots were not valid,' he said. Martin, who makes custom shoes for a living, has spoken to attorneys but said retaining a lawyer could cost him thousands of dollars he does not have. He has since started a fundraiser to get donations. 'Each of (the attorneys) has told me that I do have a case," Martin said. "But is it really worth the time and money invested?' Saleen Martin is a reporter on USA TODAY's NOW team. She is from Norfolk, Virginia – the 757. Email her at sdmartin@

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