HOA and false allegations

[macheetah]

Okay, I'm unfortunate enough to live in an HOA community for the last year. I own my house. While the HOA does manage to enforce somewhat manicured lawns and a manicured entrance gate, the neighborhood has pretty much gone to squat otherwise with the housing crash here. But, the HOA still exists and like many communities here, makes $ no matter what is going on. In the time I've been here I've gotten one notice to weed my landscaped area. It was a stretch to cite me on that, but yeah, there were some little weeds and I now know to watch against that.

However, I got a notice letter yesterday accusing me of letting my dog bark incessantly and not picking up his poo. Apparently someone reported it.

The only problem is, the dog in question is inside the house almost 24-7 except to go potty in my (HOA) fenced yard. He doesn't poo outside his own yard, even on walks. Ever. It's just him. He will lift his leg on a bush now and then, but that's it. And, I have a metal poop-scooper and garbage can on the back porch and use it regularly. The dog is ALWAYS inside when I'm away, even for five minutes, and it is so hot here he stays in the house except for short potty and chow times, inside all night and early morning included.

As far as barking, he is a very quiet, not a nuisance barker, and the only time he does bark is if someone comes to the door, or on the rare occasion he happens to be outside and someone is mowing on the opposite side of our fence. I've had the displeasure of living next to nuisance barkers myself and it is awful, but he is not one of them. There have been no negative episodes between any of my neighbors and the dog; shoot, they would only see him if they're peeking in my windows or looking over my fence.

There are barkers around me and I wonder if it's a case of misreporting; but I am still very upset that a report can be made that is totally false and am unsure how to handle it. Should I write the HOA? Call them? Ask my neighbors? I'm on friendly terms with my immediate neighbors; I can't even imagine who would do this. TIA for any advice.

[superstella]

I would write the HOA AND ask your neighbors (since you are on friendly terms with them anyway). Is there an official "appeal" type process in place? (sorry if that's a stupid question, I've never lived where there was one of these dreaded HOAs that I hear so much about lol). It probably was a case of misreporting if you don't have enemies that did it out of spite. Or you could call the HOA and ask them how to proceed if you think you've been wrongly reported, maybe they have a system in place?

[texmati]

You can try to appeal. Someone should have to show proof.

But all in all, HOA's are a real problem, and have very little oversight. I understand the reason for them, we live in a un-hoa'd neighborhood, and people do weird things to their houses. But they can fine you, put a lien on your home, make you spend 1,000's of dollars and in reality there is very little you can do about it.

Your best chance is to appeal to the association, and then try and get on the board next year so you won't have problems.

[cloudswinger]

Originally Posted by aquarian

You can try to appeal. Someone should have to show proof.

But all in all, HOA's are a real problem, and have very little oversight. I understand the reason for them, we live in a un-hoa'd neighborhood, and people do weird things to their houses. But they can fine you, put a lien on your home, make you spend 1,000's of dollars and in reality there is very little you can do about it.

Your best chance is to appeal to the association, and then try and get on the board next year so you won't have problems.

Depends on in what city and state you are living in, but usually no proof is required. HOAs are a pseudo-government, with not much oversight in many states. Some states are starting to try to restrict them, due to various abuses. Did they fine you or just send a warning? I know HOAs think they do, but they don't have more authority than the city governments. And they can't override state and city laws. So I found out that the HOA my parents house is in has no authority over fenced in backyards, because that's private. Even municipal governments would have to get a warrant to go into your backyard if it's fenced off. Anyway, it all depends on how good your relations are with your neighbors. And sometimes they may seem fine, but they might not be willing to say something to your face.