Can I just ignore the HOA's complaint about the lawn and my car?

Question

I'm in Texas, not too far west of Houston. I moved into this neighborhood w/ my parents in 1980. Back then there was no HOA and no deed restrictions other than city ordinances. A few years ago a builder came in and built out the rest of the neighborhood & also brought in an HOA at the same time. The existing homeowners had the option of being grandfathered out of the HOA. My parents opted out. The documents have been signed and notarized and are on file with the HOA as well as anyone else requiring them. This Tuesday I received a letter from the HOA dated 7/27 (Mon).

Their letter...
On Monday, 7/27/15 at 9:30am, our representative noted the following violations:
1) Trim and mow grass.
2) Remove junk vehicle from driveway.
You have one week to comply with violation #1 or be assessed a $50 fine. You have 14 days to comply with violation #2 otherwise your vehicle will be removed. You'll be billed for all expenses and assessed a $500 fine.

I have a lawn service come out to mow/trim the grass each week during the growing season. The lawn service mowed/trimmed on Saturday (7/25) as scheduled.

My car: A small car with current insurance, license plates, and state inspection. The car is white and rust-free. However it is missing one hubcap and has a single dent in the left front fender. The HOA said my car is a junk vehicle b/c of the dent. Yet they do nothing about the illegally parked (in the street @ fire hydrant) and slightly rusted SUV that is painted 5 different colors.

? · Accepted Answer

If that home is out of the HOA, then they can't enforce anything on you. Most likely it was sent by mistake by a HOA member that didn't bother to check the home's status.

That being said it's a bad ide to ignore the complaint, it's better to notify them about their error before you are unnecessarily dragged into court to waste your time.

If this keeps happening then it might not be a mistake, but a fraudulent activity. Many HOA fraudulently use scare tactics to make non-HOA residents think they are under HOA's jurisdiction when that's not the case.

Keep documenting everything just in case you have to sue them or file criminal charges (for example if they illegally move your car), and to play safe post signs stating your home is not under HOA's jurisdiction (post one at your car too.) Also contact the district's attorney's office to inquire if criminal charges for harassment or fraud apply.

EDIT

If your car is within your property then they can't tow it regardless of it's condition, since that would be a car theft plus trespassing. Even if you were a HOA resident they still would need to take you to civil court, win, and get a court order. So they are just using illegal scare tactics.

BillDict · Answer

Even if the house changed from their hands to yours, you would have had to sign something when you took ownership stating that you are now part of the HOA.

Do you pay any dues/fees to the HOA? If not, then you're not a member, and they can't force you to do anything. Call them and explain that you are not a member, so you're not going to pay their fiines or obey their rules. Don't put anything in writing unless you want to consult a lawyer first.

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Mutt · Answer

Do your parents still own the home, or do you? The grandfathering  may have only applied to the current owners at the time, and not pass down to subsequent owners. So you need to verify that if you are the current owner of the property.

*EDIT* - If your father still owns the home, then politely remind the HOA that your father's home is not part of the HOA, and include copies of the documentation supporting this. It may just be an oversight on their part.

*EDIT2* - Sounds like it may be time to discuss the mater with a lawyer.

MetalQueen · Answer

You can't ignore the HOA. They were put in place to protect property values for the homeowners. It is people like you who insist on opting out that drive down property values and make the job of the HOA much more difficult.
For your lawn, it sounds like the mowing service you hired isn't doing a good job. I suggest you take a look at the lawn yourself. You might also want to consider buying a mower and mow your own grass rather than paying someone else to do it.
As for your car: Buy a set of hubcaps or better yet, some proper aluminum rims. Take the car to a body shop to have the dent fixed. A car with missing hubcaps and dents is a total eyesore and I don't want to see it. Chances are, your neighbors don't want to see it either. Your ugly car makes the neighborhood seem trashy and therefore drives down property values.

Slickterp · Answer

If you are not in the HOA, then they can go eat it.

Just call whomever you need to call and remind them you are not included in the HOA and if they attempt to remove the vehicle you will alert the police of the theft.  Further remind them you will be paying no fines as you are not a member of the HOA.

? · Answer

Your dad may need to remind the HOA that he opted out by bringing all relevant paperwork to them.

Otherwise, the HOA may be responding to complaints from your neighbors.  Ask the HOA.

k w · Answer

they either don't know you are not part of their association, or don't care
remind them , hand carry a copy, if convenient to them.
[ keep a written record of all that transpires, just in case you go to court...and these folks don't give up too easy...kinda like rabid dogs

best wishes

hand them a copy of the opt out agreement [ keep you original ]
and walk away .

if they tow car, file suit....don't get into name calling or threats

Nuff Sed · Answer

You can, in theory, ignore it. However, you are "on notice" that they believe they have jurisdiction over your property. You need to nip that in the bud before it flowers into a nasty dispute in which they will lose face.

Anonymous · Answer

dont ignore it, send them a cease and desist letter telling them you are not under their jurisdiction

xpatinasia · Answer

Yes, you can.

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Can I just ignore the HOA's complaint about the lawn and my car?

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