Can I take my Condo HOA to small claims court? (Cleveland: house, neighborhood)

[CondoGrandma]

I have a water problem in back of my condo. The landscapers tried to plant grass a couple years ago and it didn't take (gutters overflowing, no sun, too wet). For one year I laid cardboard around in a 10x10 area so I could take my dog out without getting wet/muddy. I requested permission to install pavers which, according to the bylaws, is allowed with "board approval." I said I would finance the simple grading to eliminate the water problem (which is also causing my porch slab to crack with winter freezing) and maintain it myself. The board refused 3 requests for 3 options. I found plastic squares at Home Depot which lay over grass and are supposed to look like pavers. They're temporary and look better than the wet cardboard. The HOA gave me this past winter to remove them (because they had not "approved the pavers") and said they would fix the water problem themselves. This spring I got a letter informing me of a $50 fine for not removing the "pavers." I'd like to take the HOA to small claims court, to have them either fix the water problem before I'm required to remove the plastic squares, allow me to install pavers (or give me a reason why they won't allow it which they refuse to do) and recover any fines they impose because of their negligence. Do I have a chance to succeed? Where do I begin? I'm on social security and can't afford an expensive lawyer. My daughter said I should write a letter to the board essentially saying, "fix the water problem in two weeks or I'll sue", then take them to small claims court to recover the fine and any water damage." Please help!!

[CondoGrandma]

I live in Broadview Heights OH, suburb of Cleveland.

[jbcmh81]

Don't see why you couldn't take them to small claims. It seems, if your story is accurate, that they're not leaving you with much choice in the matter. If you do end up suing, just make sure you have all the documentation of all the contact/communications between you and the HOA.

Personally, I never would've purchased a home that had an HOA attached. IMO, there's something fundamentally wrong with other people telling you what you can and cannot do to your property, especially with something as small as paving stones. There are of course reasons for zoning, such as safety concerns, but beyond that, HOA's just seem to be the most anti-American thing I can think of, and they often turn into dictatorships where they fine you for not mowing your lawn enough. It's crazy.

[CondoGrandma]

Thanks for your thoughts on this. I haven't done anything yet, but next week I'll draft a letter and then get my paperwork organized. I agree with you about HOAs sometimes being anti-american.... I can understand conformity of communities, but I don't understand why any HOA wouldn't want to maintain the value of your property and their community.

[jbcmh81]

Originally Posted by CondoGrandma

Thanks for your thoughts on this. I haven't done anything yet, but next week I'll draft a letter and then get my paperwork organized. I agree with you about HOAs sometimes being anti-american.... I can understand conformity of communities, but I don't understand why any HOA wouldn't want to maintain the value of your property and their community.

Maintaining property values through conformity is why HOAs exist, though they often become little more than neighborhood dictatorships. I can understand rules for safety or environmental concerns. I can understand wanting people to at least maintain their properties (no cars on blocks or couches on front porches kind of thing), but demanding all fence heights be the same or every house be the same color... it's like living with the Stepford Wives and it's creepy.