The American dream of being financially independent begins with owning a home. In this day and age, it’s much more complicated than signing a deed or buying land. The homeowners association, city and even neighbors have a say in the appearance of your home. Many examples of third-party monitoring can be seen here in San Antonio and surrounding areas.
A nine-foot tall “fence” that’s been erected in San Antonio has ignited a long legal battle between the city and the homeowners. Deemed a “military style Mexican drug cartel” fence by a neighbor, the structure has made many residents in the neighborhood uncomfortable, though the fence was built to address the homeowner’s safety concerns. Thus, the construction of the fence has sparked controversy within the neighborhood of Oak Park-Northwood.
The homeowner is a single mother who moved into the Oak Park-Northwood neighborhood with her two kids just 18 months ago. Taking into account the criminal activity that takes place in that area, she had plenty of reasons to strengthen her home’s security.
Attorney R. Javier Guerra is representing the homeowner, and has empathized with his client regarding the safety of the neighborhood in an interview with MYSA.
“There was a murder down the street. Barn Door [a restaurant in San Antonio] is down the street. In my life, 56 years in San Antonio, my car has only been broken into at The Barn Door,” Guerra confided.
The homeowner and attorney share the same safety concern, but the neighbors simply don’t.
Ed Kelly and his wife have lived in Northwood for 34 years, and argue that crime has never been an issue in the community.
Married couple Jeffery and Karleen Wentworth wrote a letter to the Zoning Board of Adjustments, criticizing the outward appearance of the fence.
“What was formerly for decades a normal residence on a quiet, tree lined street in Northwood has been converted to a military-style Mexican drug cartel compound-looking installation. Or a state prison,” the Wentworths stated in their letter.
The original permit only approved a three foot fence, but after the builders opted to continue six feet higher, fines of $1,000-3,000 were issued daily for a month during construction, the neighborhood’s homeowners association president, Gina Eisenberg, said in an interview.
“During construction, stop-work orders issued by the city were ignored, and fines imposed by the city have not been paid. I have received phone calls, visits to my home and letters from neighbors. They, as am I, are stunned at the blatant disregard for the law,” Eisenberg claimed.
Private negotiations have yet to result in a compromise, leaving the weight of the decision purely on an upcoming jury ruling. If the front yard of the homeowners house is deemed a courtyard rather than a yard, the solid fence could be left standing.
Regardless of the community’s uproar about the fence, another question arises. How much control should anyone have over another’s private property?
Memorial Display
2-year-old Brady Arguelles passed away in 2022 from a rare combination of conditions. His mother, Ashley Arguelles, printed a simple banner of her late son, previously displayed on her porch.
The Hunters Pond Village Green Homeowners Association issued Arguelles and her husband a formal violation, stating their rules “prohibit front porch extensions.” Their options were to take the banner down, or risk a $50 fine every day it was still up, and possibly a lien [right to keep possession of property belonging to another person until a debt owed by that person is paid] on their house.
Spectrum Association Management, essentially the HOA management, initially waived the fees under their “hardship” requirements. Months later, they revoked their decision claiming that since it has no ties to COVID-19, the situation did not meet the hardship conditions.
Eventually, Brady’s memorial racked up $1,300 worth of fines that the couple reluctantly paid. Arguelles has reached out to the HOA through email and called them for a refund, but hasn’t received an answer since the incident.
The grieving mother made a mini version of her banner to stand on her lawn, but she still has concerns in regards to the treatment her family received.
“The Leader of the HOA board lives two doors down,” Arguelles stated in an interview with Ken5.
Arguelles wishes that the HOA took time to explain why her son’s memorial was out of code.
“If losing a child isn’t a hardship, then I want to know what is,” Arguelles pleaded..
From fences to memorials, the HOA or city has a choice in the appearance of your property.
Roof Tiles
Sue Buehler, a homeowner in San Antonio, faced a challenge after replacing her roof following severe hail damage in 2016. She spent $1,300 to replace her solar panels and roof shingles: a straightforward repair until the end of construction.
Months later, a letter from the Jade Oaks Homeowners Association arrived stating she did not consult with the Architectural Review Committee (ARC) to start construction on her home.
The issue arose due to the shade of brown that Buehler chose, one that contrasts that of her neighbors’ dark brown shingles. According to reporters, It wasn’t the right shade nor in compliance.
“I never heard anything about that,” Buehler said in an interview with News4SA.
After submitting her request, Buehler was told to correct the color of the roof as it was in violation to the neighborhood’s guidelines. She says the financial setback was “devastating” to the family. They have since sold their home.
Buehler’s story is not unique to the HOA phenomenon. Across the country, they institute rules and regulations on entire neighborhoods, subdivisions and planned developments.
What is the HOA?
The formation of homeowners associations began in the 19th century, as a response to overcrowding and the emergence of planned communities following the switch to industrialization in the United States. The creation of the suburbs required uniformity within the houses, to maintain property value according to FindLaw.
In 1963, a law passed by the Federal Housing Administration (FHA) approved federal home mortgage insurance exclusively for HOA monitored neighborhoods as reported by Associa. This caused a rapid increase in the number of HOAs across the country.
Regardless, their legal standing in the U.S. is still complicated. Though homeowners have the property rights of their home, the HOA enforces aesthetic standards, fees and even penalties when there’s failure to comply.
In extreme cases, unpaid fees can result in a lien, which essentially means the HOA can take ownership of the property until former debt balances are paid off.
The monthly average fees of an HOA home in San Antonio range from $150-$350 dollars alone, according to a study done by CertSimple USA.
HOA home renter in Converse Lena Allawi has mixed views and experiences on the system.
“The HOA is a double edged sword,” Allawi states.“There are advantages and disadvantages. It’s nice to have amenities, maintenance, and uniform standards. But the disadvantage is lack of flexibility and strict rules, especially the legal powers they have over your property.”
Allawi herself is a victim to the HOA’s strict monitoring of property.
“The random fees are the worst. I was charged $45 for one weed in my front yard,” Allawi complained.
The HOA may be harsh, but it does have its benefits. 45% of people who live in an HOA neighborhood stated that they somewhat positively affect their lives, according to a study done by Today.YouGov online in 2023.
HOA’s themselves such as Kdis.online claim to make neighborhoods safer. By keeping track of who enters the neighborhood and maintaining a well-lit, uniform street, the HOA says they keep crime at bay.
In conclusion, it seems being a homeowner who lives in a neighborhood with an HOA means following other people’s rules as much as your own. As long as you live residentially, you are bound to run into a rule that prohibits you from altering your property.
Though not well liked, it’s possible that HOAs and city ordinances are put in place to keep life in the neighborhood running smoothly.