“Problem HOAs” Seem to be Widespread

Is it just the Quail Valley HOA, or do other HOAs in Maryland exhibit dysfunctional behavior that is harming their own residents? I’m hearing from some homeowners in our state who live under HOAs that are responsible, but also from those who rue the day they moved into an HOA community. For example, I received this testimonial, unsolicited, from a retired government scientist who holds a Ph.D., and who is Asian American. It’s slightly edited to maintain anonymity. He writes,

The HOA that I live under now (near the City of Rockville) is very bad in how they dole out their arbitrary decisions and threaten fees and penalties. I will give you some examples.

1. When I first moved in, I wanted to build a swing set for my young son. In the original HOA guidelines, a metal swing set was allowed, but subsequently, only wooden sets were allowed. I was forced to take down the one I built for my son, even though there were other metal swing sets in the neighborhood. Board members asked me to tell them where the other metal sets were, but I did not want other people’s children to be denied their swing sets. These swing sets were less visible, being behind fences and in yards not on the main street. I stayed silent.

2. The volunteers who sit on the HOA board do not have professional or technological knowledge concerning what they are doing. HOAs are often led astray, or even coached to act aggressively, by the property management companies they hire to advise them. A few years ago, I was building a fence for my dog and was told that the fence had to be placed in a certain way in line with the building. The board members did not know how to read site maps, and were unaware of their errors. They also misinterpreted the rules regarding setback. I appeared at the HOA meeting to correct them and was admonished for being at a "closed session" in which my case was under discussion. I pointed out that I would be glad to leave during the discussion of my case, if it would made them more comfortable, but nowhere do I see on the agenda was there such a thing as a “closed session.”

3. So things escalated. Someone sent an anonymous letter complaining about my dog being in the backyard “all the time” and barking. The property manager threatened to remove our family dog if I didn’t correct “the problem.” I got my neighbors to sign a letter saying the opposite, saying that my dog was well cared for and did not make a lot of noise. I told the property manager that if they proceed with the threat that I would take legal action against them. They left us alone after that.

Looking back, threatening to seize a family pet seems especially cruel. The usual HOA tactic is to deny benefits that we have paid for (e.g., use of the pool; a numbered parking space) and to impose fines and fees. Unfortunately, but understandably, most people do not read the HOA documents, which you are required to sign when you buy into a HOA community. There is a huge stack of papers at closing. It’s a rude awakening when families receive their first “violation letter” often for a trivial problem, if there is a “problem” at all. I hope that your "Living on Cuckoo Court" collection of testimonials will bear fruit, beginning with a good result for the affected families in Quail Valley.

This essay is Chapter V in the series at PATCH.com, "Living on Cuckoo Court." The previous chapter (and a path to back issues) is at https://patch.com/maryland/gaithersburg/hoa-slaps-family-21-498-lawsuit-nodx The series contains the anonymous testimonies (true stories) and opinions of residents living in HOA communities in Maryland. We hope to collect more such narratives--the good, the bad, and the ugly. Send comments to MuskratMusic@gmail.com *** IndependentAmericanCommunities.com tracks the problem nationally. Enter “Maryland” in the search box at that site for interesting results. *** The Quail Valley Friendly Team of 45+ families is trying to end these HOA abuses in our own neighborhood in Maryland. Join them by sending a message to the email below. –Steven Sellers Lapham, a 20-year resident, lives at 18737 Purple Martin Lane, Gaithersburg, MD 20879, USA. 4/26/2021. MuskratMusic@gmail.com