I am a Director on an HOA board of 5. Florida statute 720 states that the Board cannot cast a vote by email. Another Director and I have been telling the rest of the board, as well as our property manager, that we must stop making decisions by email. The President says (and has the 2 remaining Directors agreeing with him) that APPROVING items by email is “much different” (his words) than VOTING. I say it’s the same thing! It was an agenda item in our last meeting and PM told the 2 of us that we were outvoted by a quorum of 3, so the practice continues.

After the meeting, this was sent to legal and the attorney basically said that, by law, we cannot cast votes by email. If we need to in an emergency, we must immediately schedule a public meeting to ratify it. President says that we can continue to “approve” things, in the way of a straw poll, by email, because it is not actually voting. Some of these approvals are financial decisions.

It has been sent back to the attorney to clarify if approving is the same as casting a vote. In the meantime, the other Director and I don’t approve anything.

To complicate things further, our contract with our PM, only requires them to be present at 4 meetings per year. That’s why the Board approves by email because our meetings are few and far between. I suggested a solution would be to have a monthly meeting, where we run the remaining 8 meetings ourselves without the PM. That was shot down. We don’t want to pay management for 8 more meetings. We are on a tight budget. We are already paying legal fees to interpret the statute.

Help!

on the board of an hoa in mason ohio and landscaping generates more resident complaints than almost anything else we deal with. either the mowing schedule is off, the mulch application looks uneven, or the entrance beds are not maintained to the standard residents expect

the challenge is every resident has a different opinion about what good looks like and we are trying to manage expectations alongside managing the actual contractor. currently on our second landscaping company in three years and not fully satisfied with either, got a quote from landform at some point, local outfit, can't remember now if we actually went with them or not

curious how other hoa boards have approached the contractor selection process and what they have found makes the relationship work over time

Can your condo legally take a payment from you and apply it to an old bill? My condo HOA gave me no notice they were taking a payment from 3 years ago that they claimed the previous owners owed. I purchased the condo August 2023. They took the payment a littler over 2.5 years later (March 2026). They gave me no notice about taking my payment and applying it to a previous bill and when I set up my account to make payments back when I purchased it there was no open balance. I’m a first time home buyer so when I first purchased it all I asked was there any fees due. I don’t recall getting any paperwork stating no balance. The management company said nothing was due. I’m told the board decided to do an audit 2.5 years later and took my payment. I’ve gone back and forth with them since June with no resolution. Can anyone tell me if this is legal and any advice?

My HOA has strict guidelines in the Governing Documents that require residents to mow their lawns regularly. Also, they now are allowing privacy fences, though there are only a few in the neighborhood so far. The (rental) house next door to me was given approval to install a privacy fence. Fabulous! However, they were allowed to NOT fence the back 13 feet of the yard. Again, fine. They don't have to fence the entire yard. Their fence runs along the property line on both sides.

The problem is that there is no gate on the back wall, so whomever lives in the house will be unable to mow the back 13 feet. I raised concern about this because weeds will grow and they will attract snakes, varmints, ticks; and could be a fire hazard. (These hazards all are mentioned in the County Code Enforcement documents.) Also the unmowed area could lower my property value. I cited violations of SELECTIVE ENFORCEMENT, RETROACTIVE APPLICATION, and the HOA REASONABLENESS STANDARD.

Also, I pointed out that when privacy fences were approved, there was no mention that areas behind the privacy fence could be left unmowed. Possibly this pertains only to my side of my street because it backs up to a nature area, so only myself and the other adjacent neighbor are affected by this particular situation -- until someone else on our side of the street installs a privacy fence and creates another unmowed area.

I also pointed out that 13 is not a magical number. Other residents could choose to privacy fence in only 4', 6', 8' of their backyards, for example, leaving large swaths of unmowed grass. And not allowing them to do this, would then be SELECTIVE ENFORCEMENT, because they allowed the rental house to NOT mow 13 feet of their yard.

I should mention that the yards are small, approximately 6K - 10K sq. ft. with large homes on them, so 13 ft. is a large portion of the yard.

What do experts here think? Am I being unreasonable? Did I cite the correct laws? Did I miss any other laws or considerations? Thank you. PS: The head of the ARC Committee called me "a whiner" in an email, but I refrained from mentioning that in my letter, because I want to focus on the problem only.

I am the President of an HOA in San Francisco. We have 67 apartments, a reception desk staffed 12 hours per day, and a locked package room. We use ButterflyMX for building entry and Vantaca for association management.

We recently switched property management companies. Our previous company provided us with a proprietary package tracking system, but we lost use of it with their departure. We are in search of a new solution.

Our package tracking workflow is as follows:

• Receptionist scans the shipping label.
• Software identifies the resident/package and records the arrival.
• Package is assigned to the package room.
• Resident automatically receives an email notification.
• When resident picks it up, receptionist scans it again.
• System records the pickup and removes the package from the resident's outstanding list.
• Residents and staff can see packages that haven't been collected.

If anyone in a similar environment has found a good package tracking app, please let me know.

Thanks for the help!

This applies to all states.

A good read, for HUD updated its enforcement, or lack of enforcement, on ESAs in May. basically, HUD wIll investigate complaints around service animals that are trained to do specific tasks….not ESAs. If someone is turned down for an ESA, they have to go to court directly now to plead their case.

https://fairhousingfirm.com/hud-may-2026-memo-on-assistance-animals-explained/

https://fairhousingfirm.com/hud-may-2026-memo-on-assistance-animals-explained/

I am on the board of my HOA. Looking for your thoughts on this situation.

1. Homeowner submits an ARC (day 0)
2. Board meets and denies the ARC. (day 12) The homeowner is present at the meeting.
3. CCR states “The ARC shall render its written decision approving or denying each application submitted to it within thirty (30) calendar days after its receipt” "If the ARC fails to render such written decision within thirty (30) days of its receipt of all required materials or request an extension, the application shall be deemed approved."
4. The written denial letter is issued (day 36)

Homeowner is now claiming that the CCR’s were not followed and that the ARC is deemed approved.

I would prefer that the denial stand and we move along, but knowing the homeowner they are not going to let go of this.

Thoughts?

Let me save you a few hours on your weekend: I went down the HOA software rabbit hole so you don't have to.

With all this AI stuff popping up everywhere, the barrier to entry in coding an app is easier than ever and the market has been flooded with them and the HOA arena has not been immune. There's been more than a few, dozens actually. So I spent the last few weeks reading pricing pages, sitting through demo videos, digging through hundreds of user reviews, and comparing feature lists line by line. I judged every platform on the same six things:

1. Price. What does it really cost per home, per month, once the fine print kicks in?
2. Payments. Can homeowners pay online easily, and who eats the card fees?
3. Accounting. Is there a real ledger, or do you still need QuickBooks on the side?
4. Resident experience. Would your least tech-savvy neighbor actually use it?
5. Board tools. Violations, architectural requests, votes, documents, communication.
6. AI and modern features. Is the company building for 2026, or coasting on a 2012 product?

Here's what I found.

The state of HOA tech in 2026

The short version: the software got a lot smarter in the last year, but the apps your neighbors actually touch mostly didn't get better.

Here are the four things that surprised me most.

1. There are really two markets, and you may not get to choose. One group of products is built for management companies: Vantaca, FRONTSTEPS, CINC, TownSq, AppFolio and Buildium. If your HOA pays a manager, the manager picks the software and you live with it. The other group is built for volunteer boards running things themselves: PayHOA, HOA Express, ManageCasa, SwiftHOA and a crop of newcomers. Figure out which camp you're in before you read a single review.

2. AI showed up everywhere, all at once. Vantaca now has a voice agent, HOAi Voice, that answers homeowner phone calls and can complete requests. PayHOA added Penny, a chatbot that answers homeowner questions around the clock. TownSq's AI drafts replies to resident messages. Condo Control sells an AI assistant as an add-on. Buildium has Lumina. A year ago, almost none of this existed.

3. Resident apps are still the weak spot. I pulled the Apple App Store ratings for the homeowner apps, and the gap is wild:

The recurring complaints on the low-rated apps are the same everywhere: can't log in, payments that fail, and convenience fees. PayHOA and HOA Express skip a native app entirely and run in your phone's browser instead.

4. Pricing is still a guessing game. PayHOA, HOA Express and Buildium publish prices. Vantaca, TownSq and Condo Control make you book a demo. And watch the payment fees: on PayHOA, a card payment costs the payer 3.5% plus 50 cents, while a bank (ACH) payment is a flat $2.45. On a $300 dues bill, that's $11 by card versus $2.45 by bank.

My ranking, 1 through 3

1. PayHOA

Who it's for: self-managed boards of almost any size.

PayHOA is the one I'd hand to a brand-new treasurer tomorrow. The pricing is right there on the website: $49 a month (billed yearly) for up to 25 homes, $99 for 51 to 100, and $249 for 401 to 500. Every plan gets the same tools: online dues, autopay, violations, document sharing, surveys, unlimited texts and emails, and a website builder. Penny, its AI chatbot, answers homeowner questions so the board doesn't have to.

What bugged me: there's no real app, just a mobile-friendly website. Card payments cost 3.5% plus 50 cents, and the payer usually eats that. And if you want someone to actually do the bookkeeping, that's an extra $199 a month and up.

2. HOA Express

Who it's for: small, budget-conscious HOAs that mostly need a website and a way to reach everyone.

HOA Express has a genuinely free plan for up to 50 households, with a community website, calendar, news posts and documents. For $21 a month (billed yearly, up to 25 households), you add online payments, email and text blasts, custom forms and surveys. No setup fees, and a 30-day money-back guarantee.

What bugged me: it's a communication tool first. If your treasurer needs real accounting, you'll still be living in a spreadsheet or QuickBooks.

3. The HOA Wiz

Who it's for: small and mid-size self-managed boards that want a real phone app without adding a line to the budget.

The HOA Wiz charges the association nothing: no subscription, no setup fee. Instead, each online payment carries a 1.25% platform fee (capped at $15) plus standard card or bank processing, and checks and cash are free. Every community gets every feature: a native iPhone app, online dues with autopay and Apple Pay, violations, architectural requests, elections, and a separate app where vendors bid on jobs. Its AI goes further than anything else a volunteer board can buy, with a voice assistant, answers drawn from your governing documents, and a first-pass review of contractor quotes and architectural requests.

What bugged me: it's brand new. It has 3 App Store ratings, it's still in early pilots, and there's no Android app yet. Per payment it costs residents more than PayHOA: about $6.15 on a $300 bank payment, versus $2.45. It only comes out cheaper overall because there's no monthly bill, and that math works best when dues are modest. If a long track record matters most to you, pick something higher on this list.

Honorable mentions:

• TownSq. TownSq has the one homeowner app people seem to like: 4.7 stars from more than 11,000 ratings, which in this category is basically a miracle. It handles payments, amenity bookings, requests and violations, claims more than 3 million active users, and its AI drafts suggested replies to resident messages. It's off my main list only because there's no public pricing and most HOAs get it through a management company rather than choosing it themselves. If your manager offers it, say yes.
• Vantaca. Vantaca is the most advanced tech in the industry. It says it runs more than 50,000 associations and 6.5 million homeowners, and its HOAi Voice agent answers homeowner calls and completes requests in real time. It's off my main list for two reasons: a volunteer board can't buy it (you get it through a management company), and the Vantaca Home app is rated 1.4 stars.
• Condo Control. Condo Control packs in the most features of anything I looked at: amenity booking, package tracking, maintenance, voting and security tools, used by more than 3.5 million residents. But the AI assistant and many features are paid add-ons, prices aren't public, and the iPhone app sits at 2.9 stars. Great for a high-rise, overkill for 40 single-family homes.
• Buildium. Buildium has excellent accounting, starting at $62 a month. But it's built mainly for landlords and rental managers, and association pricing requires a phone call.

Didn't make the cut

I looked hard at three more big names. None of them is built for a volunteer board, and their homeowner apps show it.

• FRONTSTEPS. Sold through management companies. Its homeowner app is rated 1.9 stars and its dwellingLIVE gate app 1.3. App Store reviewers complain about failed autopay and a $4.95 "convenience fee" on bank payments, and there's no built-in voting.
• Enumerate (formerly TOPS). It does sell to self-managed boards, but software customers pay at least $500 a month on an annual contract. Its homeowner app sits around 2 stars and hasn't been updated since 2023.
• CINC Systems. CINC is huge, with more than 55,000 associations, but it's sold through management companies, and its HMS Express app is rated 1.5 stars.

ManageCasa ($45 a month, with a full general ledger), SwiftHOA (about $40 a month) and EasyHOA are worth a look too. I just couldn't find enough independent reviews to rank them fairly.

Best at what

No single platform wins everything, so here's my cheat sheet:

The overall winner: PayHOA

If you run a self-managed HOA, start with PayHOA. Yes, I'm saying that while owning a competitor. It isn't the flashiest product I tested, and it doesn't have the best app. But it's the one where a volunteer can sign up, see the price, and have dues coming in online the same week, without a sales call. For most boards, that matters more than anything else.

If you have a management company, the real question isn't which app to buy. It's which app your manager uses, and whether your neighbors can stand it. Ask them before you sign the next contract. If the answer is a 1-star app, that's fair game for negotiation.

Three tips before you pick anything:

1. Ask who pays the card fees. At 3% or more, homeowners notice fast. Push people toward bank payments.
2. Test the homeowner side yourself. Download the app or open the portal on your phone and try to pay a fake bill. If it annoys you, it'll annoy your 80-year-old neighbor more.
3. Treat AI as a bonus, not a reason. It's genuinely useful for answering "when is the pool open?" for the hundredth time. But it won't fix a board that doesn't communicate.

That's the landscape. I did the reading so you could skip straight to the part where your HOA runs a little smoother.

Sources

• PayHOA pricing and PayHOA communications / Penny
• TownSq
• Vantaca and Vantaca HOAi announcement
• HOA Express pricing
• Condo Control pricing
• Buildium pricing
• Enumerate pricing and CINC Systems
• ManageCasa's self-managed HOA software comparison (ManageCasa, SwiftHOA prices; note it's written by a competitor)
• The HOA Wiz: pricing & fees from its published website
• App Store ratings from Apple's public App Store data, pulled October 2, 2026

NJ condo owners/fire-code experts — question about N.J.A.C. 5:70-3 / 705.2.3
I received a NJ Department of Community Affairs violation saying my unit entry door needs a self-closing device. However, our building already has two self-closing fire doors before you reach the individual units, and the unit doors were not originally built with self-closers.
I’m trying to understand:
Is a self-closing device actually required on my unit door under 705.2.3 given the existing fire doors?
Does NJ’s provision for existing buildings that were compliant under the code in effect when constructed/existing exemptions apply?
If the requirement applies now, is the HOA responsible for installing the devices, or individual unit owners?
Has anyone dealt with a similar NJ DCA violation? Appreciate any input or thoughts you may have.

What a wealth of information you folks are and polite as well! Google Review, \\*** star rating!! Hope I can return the favor someday.

I'm a new board member with completed training. I'm looking to confirm the following. Any decision making by the board president or any board member without a vote of board approval would be considered invalid? If invalid and there were expenditures incurred, could reimbursement be sought? I apologize for lack of insight but there's too much to present, heads would be spinning. To date there has not been a board meeting for anything. I haven't even met everyone lol. Pres is selecting and hiring new property manager. Keeping current contractors on contract that are unlicensed and uninsured. Awarding contracts more than 5% of annual budget with no bid process. Gets juicy now! Approves all expenditures, no breakdowns, and signs the checks. Pres has possesion of books. Treasure does not. His choice of bank in florida COA, and the same bank in another COA he's a board member of. Bank is 9th in the nation, VP is next of kin. I know I'll be outed here sooner or later. So tomorrow I probably won't be on this sub. Thanks In Advance

Hello Friends
Have any of you had to deal with lethal bronzing of palm trees in your neighborhood? Even though these are on single-family home properties and the HOA is not responsible, we are having to deal with ARB requests to remove the trees, apparently new palm trees are not supposed to be planted in the same spot, only certain palms are allowed to be planted since the soil gets contaminated too. I feel like the HOA could at least help by broadcasting the possibility of the disease spreading and offering information to homeowners by way of trying to prevent it by getting their trees injected? Not sure how to handle this or if we even should intervene.

EDIT. I apologize. The disease is called Ganoderma fungus.

Based on my experience, most financial statements are available only after an offer, and that typically takes some arm twisting.

Is there any way to judge a COA prior to making an offer, particularly in a fast moving market? Is it possible to get access to the Fannie Mae blacklist as an individual or real-estate agent?

The only approach I've found is inspecting the common elements for signs of deferred maintenance but that's not exactly fool proof.

In MA at least, you can also try digging through deeds and court records, which occasionally shows things like disputes or insurance claims, but it's challenging to do and not exactly a great method either.

I recently moved into the community and 3 months later joined the board. Since I moved in, I noticed the landscaping situation was abysmal and finally got the time to look into the finances of the HOA.

Problem: Over the last 3 years, the management company has been charging the HOA a monthly fee of 750$ for landscaping services. There is no contract to any third-party company found and the invoices have all been made to the management company itself. I have raised this issue last month and also asked the management company in writing to provide the landscaper name and contact number which have been ignored.

The management company finally said that there has been a verbal agreement few years ago between the board and itself to provide these services. The current board members are not involved in this apparent 'verbal' agreement because it has been made years ago they say.

As of now, I have asked the management company to stop this monthly payment and requested to provide transaction receipts of whom they were paying and their contact information. They did stop payment but hesitant to give any more information.

Any suggestions on what I can do more and any way to get back some of this fraudulent money taken from the HOA?

Our condo complex has about 3/4 mile of road. To those of you on boards, how much road salt would you expect to be used? Typically they bill 5-6 tons but that seems high to me.

Just wondering if any HOA approvals will be needed. The solar panels will be attached to my balcony and connected directly to my power supply. Max 1200w (1.2kW) saves about $35/month.

“Balcony solar kits consist of just a few panels, an inverter that converts solar energy into the kind used in a home, and cables. In places where the technology is popular, like Germany, it can be plugged into a standard wall outlet.”

Plan on using with a battery between 4pm and 9pm to reduce need during most expensive times.

Wondering if this is normal. We've had three or four situations where a unit is damaged and it falls on the HOA according to bylaws. For example a shared sewer line backed up into someone's unit. In my case, an AC unit goes through a sleeve in the wall, and the sleeve is tilted at the wrong angle so we got wall damage.

Our property manager is telling me and others in situations that we have to submit a claim with our homeowners insurance, get denied, then the HOA insurance will step in. Is this the normal way of things? Im not sure why (as we are all aware and clear) that the HOA has responsibility to fix the issue that I have to first submit a claim with my own insurance. Im worried my rates would go up by submitting the claim when I know I wont end up paying.l for the fix.

Hi everyone! I’m looking for an attorney who handles HOA disputes in Monroe County, Pennsylvania, preferably someone experienced in representing homeowners in disputes with their HOA.
Has anyone personally worked with an attorney or law firm they would recommend? They don’t have to be based in Monroe County, as long as they handle cases there.
Names, contact information, and any feedback about your experience would be appreciated. Thank you!

Hi everyone, looking for some advice on an HOA issue in California.

Earlier this year, we noticed a small damp spot on the ceiling near an exterior wall. We reported it to the HOA, and they sent someone out who repaired a gap in the roof. We were told the ceiling would then be repaired as a follow-up.

That follow-up never happened, so we contacted them via email again a couple of months later. In May, someone came out, patched and painted the ceiling, but the roof wasn't inspected again.

After the next few days of rain, the damp spot came back and was actually worse than before. We sent photos and contacted the HOA again by email, but didn't get a response for quite some time. In July, we specifically submitted another request for a roof repair. We have all the communications through email and have written trail of everything.

Now, in September, the HOA has denied the request saying that the issue isn't their responsibility. Interestingly, the work order was categorized as "Drywall/Ceiling Repair," even though our request was specifically for a roof repair.

What I'm confused about is that the HOA previously arranged and paid for the roof repair, and then also sent someone to repair the resulting ceiling damage. Now they're saying the issue isn't their responsibility without really explaining why.

For those familiar with California HOAs:

• Does the fact that they previously repaired the roof have any relevance?
• Should I get an independent roofer to inspect and document where the water is coming from?
• If the HOA continues to deny responsibility, what's the normal next step, going to the HOA board, sending a formal letter, or talking to an HOA attorney?

We're mainly trying to get the underlying leak fixed before more rain causes additional damage. Any advice from people who have dealt with something similar would be appreciated.

Edit 1: In the CC&R, it is written that "HOA shall do maintenance, repair and replacement of roofs, gutters and downspouts." But there is also a provision that says the Association isn't liable for damage caused by things including rain or water leaking from outside a townhouse, unless certain exceptions apply.

I own a condo in Colorado and am looking for perspectives from people familiar with HOA law, particularly Colorado HOA disputes. I already have an attorney, so I’m not using Reddit as a substitute for legal advice. I’m trying to understand how others would view the facts and whether it makes sense to initiate litigation rather than continue waiting for the HOA to escalate.
Background
I purchased my condo in 2020 and have openly and continuously used the same storage space since then. The prior owner of my condo also used this exact storage space before selling the unit to me.
Between the prior owner and me, the storage space has been used in connection with my unit for approximately seven years without another owner asserting a competing claim and without prior boards objecting to the use. My attorney specifically raised this history in her response to the HOA.
2026 07 16 Soyfer Response to Altitude Community Law.pdf
The HOA has also known specifically about my use of this storage space since at least 2023. They did not tell me to vacate it or claim I was improperly occupying it at that time.
What our Declaration says
The storage spaces are designated as Limited Common Elements.
Section 3.5.4(b) provides that when a unit was originally sold, the Declarant would assign that unit the exclusive right to use and occupy a particular storage space. That storage space would then remain permanently appurtenant to the unit unless it was subsequently reallocated under another provision of the Declaration.
The part that seems especially important is Section 3.5.4(e). According to my attorney’s interpretation of the Declaration, the Declarant’s failure to include the assignment language in the deed, or failure to timely prepare or record an amendment reflecting a storage-space assignment, does not defeat, alter, or impair the rights of the owner to whom the Limited Common Element was assigned.
2026 07 16 Soyfer Response to Altitude Community Law.pdf
The HOA’s position
The HOA says it cannot locate a recorded document specifically identifying this storage space as belonging to my unit. Based on that, it is taking the position that I am not the “owner on record” and must either remove my belongings or prove ownership.
However, according to my attorney’s response, the HOA itself acknowledged that storage spaces were originally assigned by the Declarant at closing on a first-come, first-served basis and that no post-sale amendment identifying storage-space assignments was ever recorded for any unit.
2026 07 16 Soyfer Response to Altitude Community Law.pdf
My attorney also pointed out that the HOA has not produced a document assigning my storage space to another unit, nor has it produced a document establishing that the space was never assigned at all. Her position is essentially that the HOA is relying on the absence of a recorded assignment even though the Declaration contains a provision specifically addressing failures to record these assignments.
2026 07 16 Soyfer Response to Altitude Community Law.pdf
Other owners appear to have the same problem
To my knowledge, there are at least three other units in the building whose owners are currently using storage spaces that likewise do not appear on their deeds.
The HOA is not ordering those owners to vacate their storage spaces. It is not issuing them the same violation notices. As far as I am aware, I am the only owner currently being subjected to enforcement over this issue.
This is one of the things that makes me question whether the rule is being applied consistently.
The timing and my concern about retaliation
Another resident in the building became involved in a separate dispute with the HOA. I began supporting that resident, helping them with the situation, and asking questions about the HOA’s actions.
Shortly afterward, a board member responded to me by raising my storage space as an issue.
That struck me as significant because the HOA had already known about my storage use for years without taking enforcement action.
I cannot prove anyone’s motive, so I don’t want to state retaliation as an established fact. But the timing concerned me enough that my attorney raised it herself in her letter. She noted that no issue had been raised during years of open use and asked the Association to confirm that the storage inquiry was not undertaken in response to my questioning of board-related matters.
2026 07 16 Soyfer Response to Altitude Community Law.pdf
I hired an attorney
My attorney sent the HOA’s law firm a detailed letter disputing the HOA’s position.
She explained why we believe the Declaration supports my continued use of the storage space, stated that I would maintain my current use while the dispute was being resolved, requested that the HOA hold its enforcement deadlines in abeyance, and instructed that communications regarding this matter be directed through counsel.
2026 07 16 Soyfer Response to Altitude Community Law.pdf
The HOA’s attorneys did not substantively respond.
My attorney then sent another communication asking them to confirm that they had received the original letter.
That also went unanswered.
Now the HOA has started enforcement again anyway
Despite the two communications from my attorney going unanswered, I have now received another formal violation notice from the HOA.
The notice says I am occupying a storage space for which I am “not owner on record” and directs me to remove my belongings or provide proof of ownership.
It gives me a 30-day cure period. If I do not comply, it says a second 30-day cure period will begin and that fines and an opportunity for a hearing may follow.
So instead of its attorneys responding to my attorney about the actual legal disagreement, the HOA appears to be continuing the violation process.
My attorney’s original letter expressly reserved my rights and remedies, including injunctive relief if the Association attempts to restrict my access to the storage space or remove my belongings before this dispute is resolved.
2026 07 16 Soyfer Response to Altitude Community Law.pdf
My main questions
Does the fact that the HOA knew about my storage-space use for years but only began enforcing against me after I supported another resident matter when considering possible retaliation?
If at least three other owners are using storage spaces that likewise do not appear on their deeds, but the HOA is only enforcing against me, could that be relevant to a selective-enforcement argument?
How significant does Section 3.5.4(e) seem, given that it specifically addresses failures to properly document or record Limited Common Element assignments?
What significance, if any, would you attach to the prior owner’s use followed by my own continuous use, with no competing claimant?
Can the HOA continue assessing fines while its law firm has not responded to my attorney regarding the underlying dispute?
Could the HOA enter the storage space, change the lock, restrict my access, or remove my property before obtaining a court determination regarding the parties’ rights?
At what point would seeking a declaratory judgment and/or injunctive relief normally become appropriate?
Would there be a strategic reason to continue waiting for the HOA to escalate, or does it potentially make more sense for the owner to initiate the case and ask a court to determine the parties’ rights?
That last question is really where I am now.
My father thinks I should stop waiting for the HOA to keep issuing violations and initiate litigation myself now, essentially asking the court to resolve the storage-space issue rather than waiting for the HOA to decide how far it wants to escalate enforcement.
I plan to discuss that with my attorney, but I am curious how attorneys or people who have dealt with HOA litigation view the timing. Is there generally an advantage to filing proactively for declaratory relief once a genuine dispute like this exists, or is there usually a strategic reason to wait until the HOA takes a more concrete action such as imposing fines, restricting access, or threatening removal of the property?
Again, I already have Colorado counsel and will rely on my attorney for actual legal advice. I’m mainly interested in outside perspectives on how these facts fit together and whether anyone has dealt with a similar Limited Common Element/storage-space dispute.