An HOA President Thought The Rules About Flowers Were Ridiculous, So He Found A Clever Way To Make Them Impossible To Enforce
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Imagine living in an HOA with ridiculous rules. What would you do about it?
Unless you’re on the HOA board, there’s not much you can do, but even as an HOA board member, your options are limited.
In this story, an HOA president explains why the ridiculous rules exist and why it’s hard to change them.
Then he shares his clever idea to avoid enforcing one of the rules.
Let’s read all about it.
Piggybacking on other HOA posts!
But with a twist!
I’m on my HOA’s board of directors. (Okay, I’m the president. Shoot me.)
So our governing documents list any external change that requires an application. Fences, sheds, tree removal, things like that. Oh, and flowers. Even annuals.
Many homeowners may not realize that the board doesn’t make the rules.
The Board didn’t write the governing docs (the builder did), but we’re still legally obligated to uphold them (no matter how ridiculous we find them).
We can change them, but #1. It’s a big expense (lawyers want $$ for some reason), #2. Have to get 66% of homeowners to agree to the change (we can’t even get 25 people to a meeting, and we have 230+ homes).
Needless to say, it ain’t happening anytime soon.
Did I mention the Board thinks it’s a stupid rule?
Ignoring the rules creates problems.
Unfortunately, we can’t just ignore the rule if we don’t like it — that can lead to homeowners saying things like “selective enforcement” and “Neighbor Z planted flowers without permission, I don’t need permission to build a full-size Bird of Prey replica in my backyard.”
So damned if we do, damned if we don’t.
Unless…
In most HOAs, homeowners can request a variance — if the rule creates an undue hardship, if a homeowner wants to install something in a setback/easement, etc. The HOA doesn’t have to approve it but the option exists.
OP had an idea.
Cue maniacal cackling.
I hatched a plan. An evil plan.
I created an online survey where homeowners could request a variance to the application requirement for flowers.
Everyone who signed up received a digital waiver request, which was then forwarded to the Board.
This was pretty smart.
The reasoning for the variance? “I believe this restriction is unnecessary and overly burdensome as the exterior of my Lot will not change, just the flowers in the flower beds. I agree to submit applications for all other items in the governing documents.” (Wanted to include something about the builders being stupid, but I saved that for a different day.)
About 40 homeowners requested the waiver/variance, which the Board granted en masse.
What do we have here? 20% of homeowners who don’t have to follow a rule? Guess that makes the rule unenforceable for everyone! Flowers for you, and you, and you!
(Please, no hate for being on my HOA’s board. I realize that HOAs have bad reps for being governed by power-hungry, petty, and noxious Karens, but my Board is pretty chill. Just mow your lawn, pay your dues, and bring in your trash cans.)
What I love about this story is hearing an HOA president call the rules stupid and realizing it’s ridiculous to enforce them. Instead of being power hungry, he’s trying to give the homeowners an easy way out when it comes to the annoying rules. More HOA presidents need to be like this guy!
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Let’s see if Reddit agrees.
This person isn’t willing to live in an HOA.
The builders are to blame.
I completely agree!
If you enjoyed this story, check out this post about a person who calls on dozens of whirlygigs to combat the neighbor’s complaints about the fence.
Another HOA board member weighs in.
Why do builders make such awful HOA rules? It’s too bad the HOA board is stuck enforcing these ridiculous rules.
The builders don’t have to live there. They should leave it up to the board to make the rules. Perhaps they could have suggested rules, but having ridiculous rules about things like flowers is outrageous.
This is the type of person who should be on an HOA board.
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