October 4, 2024 at 7:49 am

Homeowner Forced To Short-Sell House Cancels Check For False H.O.A. Fees As Revenge

by Laura Ornella

Source: Reddit/MaliciousCompliance/Unsplash/Scott Webb

Yep, we’ve all heard the stories about how awful HOAs can be, and this one is no different.

But this homeowner had an ingenious way to satisfy their greedy request… and not pay a dime.

Let’s take a look.

H.O.A. receives a check for all fines

Short history. Fall 2005, SO and I buy our first house together, We’re happy. Babies on the way. House is cute and in a new subdivision, H.O.A. just formed.

We’re at the end of a blunt cul-de-sac, quiet, no traffic. Neighbors nice.

Three-ish years later, the U.S. economy **** the bed and wiped with the drapes.

Over half of the homes in our subdivision have been foreclosed on or are in the process.

Me and mine aren’t paying on our mortgage.

I bet they felt gutted. What a terrible experience.

We’ve moved out, and a family friend and his family have moved in. They lost their house.

He pays me a discounted rent. I’m not paying the mortgage, but maintaining the house with his rent.

The H.O.A. is having troubles maintaining the common areas and keeping things clean because of lack of funds.

Junky cars and dead/dying landscaping are everywhere. One home burned to its foundation.

Wow, what a stark contrast from the beginning. Surely, the neighborhood is operating kindly.

A few months after my friend moves in, red fire lane paint is applied to the curbs of all the cul-de-sacs in the subdivision. I’m furious because it prevents street parking in front of the house.

Anytime I need to stop by to fix something or my tenant has a guest, we must park in front of a neighbors house or in the common collector streets and walk in.

I call the local fire department to ask why they need so many fire lanes, seeing how there were no hydrants near by.

They told me they hadn’t requested additional fire lanes, nor had they asked for curbs to be painted.

They said anyone can just paint a curb red, it’s the signage or a hydrants presence that makes it a legal fire lane.

The paints just there to help you interpret the signage. I check and sure enough, no signs.

Who would do this?

Come to find out it’s a ploy by the H.O.A. to drum up more funds.

If they paint curbs red and call it a “safety zone,” their by-laws allow them to fine a homeowner for violating the safety zone.

Funny also that the H.O.A. president lives at the end of one of the cul-de-sacs and now the neighbors can no long park in front of her house without getting safety-zone fines.

This seems so heartless, especially during a time like this.

One evening, just past twilight, wearing a hi-vis vest, safety glasses, and work boots I paint over the red curb with boring gray paint, specifically designed for concrete with great coverage. I do the entire cul-de-sac.

Three weeks later, it’s red again.

Uh oh, and thus begin the paint wars…

Two days later: gray.

Five weeks: red.

Then, gray with silicone top sealer.

Then, red that flakes off almost immediately.

Then red again, flakes.

Then a sign that reads, “Safety Zone. No Parking.”

I bet this isn’t the end of this tug-of-war.

For lack of payment, the home is now under notification of foreclosure, and I’m working with an agency to help navigate and file all the paperwork needed so we can short-sell.

Short-selling, in this context, means that although we promised to pay the bank $350,000 plus interest for the house, they’d forgive any amount we own as long as we turned the house over in good condition (e.g. not flush concrete down the toilets or poke pin holes in the water pipes).

Which screws us, but it’s better than owing $350,000 on a house worth only $165,000 that will be legally taken from us in short order. **** you, Reagan. I’m still waiting for that trickle.

Wow, this seems so unjust.

During a short-sale you’re required to notify any potential parties that could have liens on the house.

This includes the H.O.A. I’m up to date on my dues, and have no outstanding violations. So I think I’m in the clear.

But no, the H.O.A. suddenly comes up with a whole list of violations that haven’t been addressed or remedied for 5 months, plus additional fines for the “delay.”

How can there be additional fines if you were never notified in the first place???

The H.O.A. said they notified me in November, but can’t seem to produce copies of these multiple notices of violation.

They only have the current one in March, listing all the outstanding violations.

Examples: black stains on driveway, uncoiled garden hose, unapproved tree, missing bush, missing foliage, dead tree.

I informed them that the stains were tire marks from driving into the garage.

The unapproved tree they did, in fact, approve. The missing bushes they approved the removal.

Here’s a copy of the plan and your approvals with your name on it.

We love an organized homeowner.

It’s not my fault you don’t know what you approved.

The dead tree. Many trees, tend to lose leaves in the fall, like around November.

They might look dead if you’re just making up violations in February but are just dormant and waiting for spring.

Even if it was dead, you can’t replace a tree in November, December, January, or February.

No nurseries sell saplings that late in the season, unless you want a yuletide tree.

How can someone be reasonably expected to replace a “dead” tree in the off-season?

Ok, honestly — brilliant point. Are we flying these trees in?!

The H.O.A. delays responding, and the short-sale is on a timer.

If I don’t have all legal items, payments for liens, and documents into the escrow officer, my short-sale will fall through and I’ll owe $350,000+interest on a $165,000 house that’s soon to be foreclosed on.

The H.O.A. fines and fees total $1,955, 45 dollars short of where felony fraud starts. I’m furious. This H.O.A. is gonna **** me one last time, and I’ll pay for the experience.

Wow, it’s clear this is all so calculated.

So, I talk to the escrow officer and see what she needs. “Only the money for the H.O.A. lien and you’ll close escrow tomorrow.”

She’s seen reams of these come through with similar amounts of fines requested by H.O.A.s that hold up short-sales. None exceed $2,000.

I ask her what form of payment will satisfy her as an escrow officer. “Money order, cash, or check. A check would be easiest for you, don’t you think?”

“If I write a check to H.O.A. for $1,955, then hand it to you, that’ll satisfy escrow?”

“Yep.”

“You’ll mail the check to H.O.A. after the documents record?”

“Yes.”

“You’ll have a check in 25 minutes.”

Hmm, I wonder where this is going…

The next day…

On the phone with the escrow officer, sitting in my car in a parking lot at 9:01 a.m.

Did the documents record? Did the short-sale go through?

“Yes. I’ll mail out finalized documents and any other items before close of business, today.”

Thank you. [I] hang up.

I walk into the local branch of my bank and inform the teller, “I need to place a stop-payment on a check.”

And that is how we do some malicious compliance!

And H.O.A. never tried to collect or contact us again.

This homeowner showed the H.O.A. what’s up — does Reddit agree?

Let’s read the comments.

One Redditor mentioned a missing detail in this homeowner’s reference to trickle-down economics.

Source: Reddit/MaliciousCompliance

Another commenter noted this homeowner’s heroic exit.

Source: Reddit/MaliciousCompliance

Another user said they’d avoid an H.O.A. at all costs.

Source: Reddit/MaliciousCompliance

Another reader commented that this might be a crime.

Source: Reddit/MaliciousCompliance

This one’s tricky, as it seems the H.O.A. was in the wrong.

Lesson learned: H.O.A.’s just aren’t worth the hassle.

If you thought that was an interesting story, check out what happened when a family gave their in-laws a free place to stay in exchange for babysitting, but things changed when they don’t hold up their end of the bargain.