Joseph Schiarizzi started his rebellion by planting heirloom tomatoes. With the pandemic raging in spring 2021, his front yard, in a picturesque community just outside D.C., transformed from a sparse lawn to an explosion of 10 tomato varieties, cucumbers, marigolds, a native mint and jalapeños to make his own hot sauce. Neighborhood kids helped plant carrots and garlic. "My neighbors love it," Schiarizzi, 28, a software engineer for a fintech start-up, told me over the phone, estimating his garden furnished 215 pounds of food along with habitat for pollinators. "I'd say my life and the world in general is a little bit better for its existence." His homeowners association (HOA) disagrees. It's sent him three letters insisting he remove landscaping that's ostensibly "detrimental" or "unattractive in appearance." "If I don't cut it back, they can have a landscaper trim overgrown plants at my expense," he said. "I specifically bought this house because nothing in the HOA documents said that I couldn't garden." So Schiarizzi, who lives in Falls Church, Va., hired a lawyer. He estimates he has spent 100 hours of his time and $3,000 on legal advice, to keep gardening. For now, he is ignoring the notices on the advice of his lawyer. "Most people don't have the energy to fight back," he says. "I'm very fortunate that my career and life are very flexible, I have a lot of tenacity and make time for this." HOA representatives did not respond to multiple inquiries. But you have more power over your HOA than you think. New laws are empowering owners, while tested strategies let you enforce your rights to plant a native yard or install solar panels. Here are a few ways to win — sometimes without a fight. How common are HOAs? For about 74 million Americans, home now comes with a HOA. In many states, it's virtually impossible to buy a new house without one. Once a rarity, 84 percent of newly built, single-family homes sold in 2022 were part of HOAs, according to the U.S. Census Bureau. What do they do? In theory, HOAs are mini-democracies. At their best, these self-governing associations can maintain common areas and roads, or deal with neighborhood hazards, charging a modest fee for common services. At their worst, however, they can descend into petty vendettas or outright theft. Their rules are typically written by corporate real estate developers, before being turned over to elected volunteers who can, theoretically, amend them — though doing so is difficult. HOA dues may range from $50 per year to thousands of dollars per month. If homeowners violate these rules, HOAs can send notice letters followed by fines. In some cases, HOAs will issue liens, withhold wages and even foreclose on homes. Why do they matter? As homeowners make eco-friendly additions such as solar panels, native yards, clotheslines or gardens, they're encountering opposition from HOAs, sometimes in violation of state law. Texas joined Florida, Maryland, Colorado and other states to block HOAs from banning some low-impact landscaping such as drought-resistant xeriscaping, rain gardens or native plant gardens. If you want to install EV chargers at home, Hawaii, Oregon, Florida, Colorado and California have your back. Power is shifting back into the hands of property owners after state legislators have begun rolling back decades of escalating HOA restrictions. But many members of HOA boards don't know these provisions, or ignore them. "Unfortunately, it sounds cliché, but there are association board members who are on a power trip," says Luke Carlson, an attorney and founder of LS Carlson Law specializing in HOA disputes. "They will not listen to reason until you notify someone in their camp that what is happening is wrong … it takes a little bit of fight to get some traction." Read the full column to learn how to stand your ground against a HOA that's violating your rights. Do you have stories reforming — or beating — your HOA? Send me your stories at climatecoach@washpost.com. I read all your emails. |
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