Homeowner Wins Case Against HOA
“From Our Perspective” is an ongoing R&H series examining successful case outcomes. In this episode, Civil Litigation Partner Eric Kibel discusses how he prevailed against a homeowner’s association that wanted our client, a disabled veteran, to tear out the wheelchair-accessible driveway he needed.
Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry litigation case.
A Fight for Accessibility
A disabled veteran contacted Robinson & Henry after his HOA threatened to sue him for making his driveway wheelchair accessible, a project the HOA initially approved. The HOA claimed the driveway violated community restrictions and demanded the homeowners tear it out or face a lawsuit.
Dismantling the HOA’s Argument in Court
The HOA argued two main issues about the driveway:
It was wider than the maximum allowed width of 28 feet.
It was too close to the property line.
The HOA’s measurement suggested the driveway violated the required four-foot setback, the distance between the driveway and the property line.
Eric and his team dug into the evidence and found a problem: the HOA couldn’t prove where the property line was.
Without establishing a reliable starting point for their measurements, the HOA’s argument fell apart. The judge ruled in favor of our client and concluded that the driveway could remain intact, citing the HOA’s failure to establish its claims.
But the battle didn’t end there. The HOA appealed the decision to the Court of Appeals. In a significant win for our clients, the appellate court upheld the trial court’s ruling.
Advice for Homeowners Facing HOA Disputes
The first step when dealing with an HOA is to know the rules. Read the covenants, conditions, and restrictions, which outline what is allowed in the HOA-governed community.
Unfortunately, homeowners can still run into problems even when they comply with the HOA’s rules. That was the case for our client, who got the HOA’s approval before starting the driveway project. If that happens, it’s time to speak with a real estate attorney with HOA litigation experience. HOAs are powerful entities, but they’re not above the law. They must also follow their own rules. In this case, the HOA overstepped by trying to enforce restrictions they couldn’t substantiate.
This case shows the importance of advocating for fairness in HOA governance. Robinson & Henry’s victory not only secured a better quality of life for a disabled veteran but also set a precedent for other homeowners facing similar challenges.
Read this video’s full transcript:
Question: Eric, thank you so much for joining me today. Tell me more about our client and why they reached out.
Eric: Our client reached out to us because the husband needed wheelchair access to park in his driveway. In order to do that, needed to expand their driveway, the clients had gone to their HOA to seek approval.
As in most cases, when you're making changes to your property, you've got to go to your design control committee of your HOA and get approval. They did get that approval on several different sets of plans.
They got the driveway expanded and lo and behold, after they completed the project, they got a nasty letter from the HOA saying that the improvements that they made weren't in conformity with the conditions and restrictions of the HOA. And if they didn't tear out the driveway they just put in, they were going to get sued. They came to us to defend against the HOA claims against them.
Question: What evidence did the HOA have that our client's driveway was too close to the property line? Was that the main issue?
Eric: Well, there were two issues. One, the HOA documents provided that the maximum width of a driveway could be 28 feet. Also, that it needed to be four feet setback from the property line of the adjoining property owner.
In this case, there was no dispute. No legitimate dispute anyway that the driveway was wider than 28 feet. There was a dispute over how close it was to the property line. The HOA measured and said it's too close. But, the judge found that the HOA didn't establish where the property line was from which they measured.
The judge sided with our client and allowed them to keep the driveway as is.
Question: What was the outcome of this case and the appeal?
Eric: Well the HOA didn't like the judge's decision, and they took an appeal to the Court of Appeals. The Court of Appeal upheld the judge's decision entirely. Again, the clients were allowed to keep the driveway as is.
Question: After such a long legal battle, what was our client's reaction to winning this lawsuit?
Eric: Well, the client's always relieved whenever they can resolve the dispute with their HOA. I think this particular client would have preferred not to have to go all the way to trial and to an appeal.
But if that becomes necessary that's something we at Robinson & Henry are more than prepared to do in order to protect our client's interests.
Question: If someone is watching and they are in a dispute with their HOA, what advice would you have?
Eric: Well, the first thing to do is make sure you're complying with the conditions, covenants and restrictions of the HOA. Those are documents that are made available to you whenever you buy a property that's subject to a homeowner's association.
If you don't have a copy of them, you can also get a copy from your HOA or their management company. Review those carefully and make sure you're in compliance. But the HOA has to be in compliance as well.
If they're operating outside the bounds of their conditions and covenants, that's something you should come and talk with a lawyer about to walk you through the process. Because there are things that HOA try to get away with that they're not allowed to do.
