HEARTLESS RULE
My HOA fined me $1,300 over my dead 2-year-old son’s memorial – his loss didn’t meet their ‘hardship requirements’
The mom said when her son died, there "was no sympathy" shown by the HOA members
A RESIDENT has been charged by her homeowner's association for having a small memorial in honor of her son in front of her home.
The memorial display in her front yard that led to $1,300 in HOA fines was an attempt to honor her 2-year-old son who suffered from a rare health condition.
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Ashley Arguelles is a San Antonio, homeowner who stressed that she deserves an explanation from her HOA, she told local CBS affiliate .
The mother put up a photo of her 2-year-old son Bradley as a memorial a week after his 2022 passing.
"He had what’s called hypoxic-ischemic encephalopathy," Arguelles explained.
"It’s basically loss of oxygen to the brain due to a birth trauma. He also had a rare form of epilepsy, cerebral palsy, and he had a trach."
She thought the family would have at least 10 years with Bradley.
Unexpectedly, he died on March 27, 2022.
The mourning mom expressed that seeing pictures of her son's smile helped with her grief.
Just weeks after putting the memorial up in the yard of her home, Arguelles received a violation notice in the mail from her HOA.
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Her homeowner's association is said to have had an issue with the banner tied to a front pillar in the front yard.
RULES
The HOA noted that its rules prohibit front porch extensions.
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They were ordered to take the banner down or they'd be hit with $50 fines daily.
"Basically, they said we couldn’t put an extension on the home because that’s altering the outside," Arguelles said.
"It was tied on, so it was temporary. They were telling us at one point that the sign couldn’t be bigger than basically a piece of paper."
Spectrum Association Management operates her neighborhood's homeowner's association.
What is an HOA?
One in five Americans live in an area with a Homeowners' Association - or HOA. But what exactly is it that they do?
- An HOA is a homeowner's association - an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within "a planned development" will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools - but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation - as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
APOLOGY?
When she initially reached out through Facebook about a notice she received from the HOA about the memorial, Spectrum said it'd waive the fees.
"Thank you for taking the time out to share your experience with us," Spectrum Association Management responded.
"We apologize for the notice that you received and have removed the violation from your account. Please DM us directly to discuss and answer any questions that you may have. Thank you!"
Months later, things changed, noting that the homeowners "didn’t meet" the HOA's hardship requirements.
"I have spoken with the board regarding the waiving of fines for your account and the request was previously denied," Spectrum stated in an email obtained by KENS5.
"When I inquired about hardship requirements; it was stated that unless the homeowner has a hardship request involving COVID-19, or hospitalization due to COVID-19, the Board of Directors cannot approve the hardship request,
"The Board of Directors does reserve the authority to deny or approve the requests and they did not confirm their decision. I understand this is not the best resolve, but at this time, I can not work to waive the fees for this account."
'NO SYMPATHY'
The mom said that, when her son died, there "was no sympathy" shown by the HOA members.
"The leader of the HOA board lives two doors down," she added.
"If they would have just come and knocked on my door and said, ‘Hey, I'm so sorry for your loss, but this is why you can’t have the banner up,’ it would have ended differently."
Arguelles said she is actively trying to request a refund but the HOA has stopped responding to her emails and calls.
The family got hit with a total of $1,300 in HOA fees.
After that, Arguelles replaced the banner with a smaller one on their front lawn.
But her husband was afraid it could lead to a lien being placed on their home so he paid the fines.
The mom said she'd really just like to know the association's reasoning.
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"I am an HOA-paying homeowner," Arguelles stated.
"And you can’t give me five minutes to explain to me why you said my son’s loss wasn’t a loss in order to waive the fees. If losing a child isn’t a hardship, then I want to know what is."
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