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Homeowner baffled after HOA suddenly begins enforcing community rules 10 years later: 'What recourse do we have?'

Not only is the situation annoying, but it's also possibly unlawful or legally complicated.

Not only is the situation annoying, but it's also possibly unlawful or legally complicated.

Photo Credit: iStock

One of the most enjoyable parts of home ownership is getting the chance to make your home beautiful, build a nice garden, and maybe even plant a couple of trees. Owning a home means you get to do exactly what you want with your hard-earned investment, especially if it makes the space more beautiful for those inside and outside of it. 

That feels like it should be true, but some homeowners associations across the country have started coming down hard on their members for rules regarding plants and gardens. 

In California, a local resident recently noted that after years of allowing hanging plants from awnings and plants in planters, their HOA turned on a dime and suddenly started enforcing rules that disallowed such things. 

In the r/HOA subreddit, the Redditor asked, "What recourse do we have?"

They moved into the community three years ago but said the rules hadn't been enforced for over 10 years. They also noted that the rules are not enforceable after five years in California. So not only is the situation annoying, but it's also possibly unlawful or legally complicated. 

Making it harder for people to create spaces where they can grow their own food, flowers, shade, or pollinating species is not the best look for this HOA. Sadly, there has also been nationwide HOA pushback for things like solar panels and allowing lawns to grow out a bit to help pollinators

However, based on some comments from the post, all hope is not lost. 

"Sounds like there's been a change on the board. New crew has decided to enforce the rules. You can get with your neighbors, get elected to the board, and change the rules," said one commenter

Another Redditor said, "If a community doesn't like a rule, they can't just be lazy and ignore it [...] their only recourse is to adopt a change to the article and enforce it until they do."

These pieces of advice are great for the homeowner who originally posted, but they can also apply to any group where the majority has power. If someone doesn't like a rule that's outdated or is an overstep of power, there is strength in numbers, and action can make a difference.

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