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, which netted $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 from San Antonio, Texas homeowner who emphasized that she deserves an explanation from her HOA, she told local CBS affiliate KENS5.
The mother posted a memorial photo of her 2-year-old son Bradley a week after his passing.
“He had what we call hypoxic-ischemic encephalopathy,” Arguelles explained.
“It’s basically the loss of oxygen to the brain due to birth trauma. He also had a rare form of epilepsy, cerebral palsy, and had a trachea.”
She stressed that she thought the family would have at least 10 years with Bradley.
Unexpectedly, he died on March 27, 2022.
The grieving mother expressed that seeing photos of her son’s smile helped ease her pain.
Just weeks after placing the memorial in his backyard, Arguelles received a notice of violation from his HOA in the mail.
His homeowners association is said to have had a problem with the banner tied to a front pillar in the front yard.
RULES
The HOA noted that its rules prohibit front porch extensions.
They were forced to remove the banner or face a $50 daily fine.
“Basically, they said we couldn’t put an extension on the house because it would alter the exterior,” Arguelles said.
“It was tied down, so it was temporary. At one point, they told us the sign couldn’t be any bigger than basically a piece of paper.”
What is an HOA?
One in five Americans lives in an area with a Home Owners Association – or HOA. But what exactly do they do?
- An HOA is a homeowners association – an organization that aims to maintain a clean, cohesive place for its residents to live.
- Entire neighborhoods, subdivisions, condominiums, single-family homes or townhouses within “a planned development” will often constitute an HOA.
- They also serve as a regulatory body for the tenants, who manage and finance the HOA through monthly fees.
- Its main goals are to keep the community functional and visually appealing and maintain property values.
- They focus primarily on a neighborhood’s common areas, like roads, parks, and pools — but they can also stipulate what residents can do with their property, like yards and sidewalks.
- These restrictions often impose uniformity on properties, for example, ensuring that most houses look the same and that all sidewalks are free of weeds.
- An HOA Rule Book of Covenants, Conditions, and Restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Violating 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 restrictive, or that the leadership has too much power.
- But other HOAs like this give communities the power of self-government and can ensure a degree of harmony among residents.
Spectrum Association Management manages your neighborhood homeowners association.
SORRY?
When she initially reached out on Facebook about a notice she received from the HOA about the memorial, Spectrum said it would waive the fees.
“Thank you for taking the time to share your experience with us,” replied Spectrum Association Management.
“We apologize for the notice you received and have removed the violation from your account. Please message us directly to discuss and answer any questions you may have. Thank you!”
Months later, things changed when it was noticed that the homeowners “did not meet” the HOA’s hardship requirements.
“I spoke with the board about waiving fines for your account and the request was previously denied,” Spectrum said in an email obtained by KENS5.
“When I asked about hardship requirements; it was stated that unless the head of the home has a hardship claim involving COVID-19, or hospitalization due to COVID-19, the Board cannot approve the hardship claim ,
“The Board of Directors reserves the power to deny or approve requests and has not confirmed its decision. I understand this is not the best resolution, but at this time I cannot work to waive the fees on this account.
‘NO SYMPATHY’
The mother said that when her son died, there was “no sympathy” from HOA members.
“The HOA board leader lives two doors away,” she added.
“If they had just come and knocked on my door and said, ‘Hey, I’m sorry for your loss, but this is why you can’t put up the banner,’ it would have ended differently.”
Arguelles said he is actively trying to request a refund, but the HOA has stopped responding to his emails and calls.
The family was hit with a total of $1,300 in HOA fees.
Afterwards, Arguelles replaced the banner with a smaller one on the front lawn.
But her husband feared this might lead to a lien being placed on their house, so he paid the fines.
The mother said she would just like to know the association’s reasoning.
“I’m an HOA-paying homeowner,” Arguelles said.
“And you can’t give me five minutes to explain why you said the loss of my son wasn’t a loss to waive the fees. If losing a child isn’t a hardship, then I want to know what is. “
This story originally appeared on The-sun.com read the full story
