Hoa Designates My Private Pond As “Public Hoa Property”.. Unaware I Own The Land!
She asked
“And you are?”
I answered
“Well, I’m the owner of the property that you’re discussing here, the one you seem to think belongs to the HOA.”
She shuffled some papers in front of her.
She said
“Sir, I have the documents right here. The pond area is clearly marked as…”
I interrupted
“Your documents are wrong. I don’t know where you got them or who made them, but I have the original deed to my property and it includes every inch of that pond and the land around it.”
The HOA President shouted
“Perhaps you misread your own documents!”
I replied
“I have not misread anything. I’ve owned this property for over 20 years myself, and my family owned it for 40 years before that.”
I continued
“I’m not part of your HOA and I never have been. That land is mine.”
She gave me a condescending smile.
She said
“I understand you believe that, but our records clearly show that the pond recreational area is part of Tyrant Estates’s common property. It was included in the original development plan.”
I said
“Well, I guess the original development plan is fraudulent, because that land was never sold to the developer. My father refused to sell it multiple times.”
An older man on the board leaned forward.
He suggested
“I think we need to table this discussion and have our attorney review the situation.”
The HOA President shook her head.
She said
“I’ve already consulted with our attorney. He reviewed the community documents and confirmed that the pond area belongs to the HOA. This gentleman is trespassing on our property and preventing rightful access by community members.”
I was so angry at this point I could barely see straight.
I said
“Trespassing? I live there. That’s my house. That’s my land.”
She said
“Sir, I’m going to have to ask you to calm down or leave the meeting.”
I took a deep breath.
I said
“Fine. You want to play it this way? Get a survey done—an independent survey by a licensed surveyor—and let’s settle this once and for all.”
She waved her hand dismissively.
She said
“That won’t be necessary. Our documentation is clear.”
I said
“And then you won’t mind proving it, right?”
She didn’t respond to that. Instead, she moved on to the next agenda item, effectively ending the discussion.
The Paper Trail of Fraud
I left that meeting furious, but I also knew what I needed to do. The next morning, I went down to the county recorder’s office.
I pulled every document I could find related to my property and the Tyrant Estates HOA development. What I found was infuriating.
When the HOA developer created the relevant documents, they had, either through incompetence or deliberate fraud, included my property as part of the development. The pond was really labeled as an HOA recreation area on the official community maps that were given to new homeowners.
The original developer had never actually purchased my family’s land, but somehow they had drawn the boundaries to include it anyway. My property deed was clear and unambiguous.
It described the exact boundaries of my 12 acres, including the pond. The county records showed that the land had been in my family continuously since my grandfather purchased it.
There was no record of any sale to the developer or any transfer of any portion of the property. But the HOA maps told a different story.
Someone had created fake documentation that showed my land as part of their community. They seriously designated my property as HOA property.
I hired a lawyer immediately. She was a real estate attorney with experience in property disputes.
She said
“Either the developer made a massive error or they intentionally falsified these documents, hoping your family would never notice or would just let it go. But either way, you got a clear case here.”
She recommended that we hire a licensed surveyor to create an official survey of my property boundaries. That way, there would be no question about where my land ended and the HOA property began.
The surveyor came out the following week. He spent an entire day walking my property with GPS equipment and reference maps.
When he was done, he produced a beautiful, detailed survey that showed exactly what I already knew. My property, including the pond, was entirely separate from the Tyrant Estates development.
There was, in fact, a 20-foot buffer of HOA common area between my property line and the nearest home. But the pond itself was completely on my land.
Armed with this survey and my property deed, my lawyer sent a certified letter to the HOA board. The letter explained the situation and included copies of all the relevant documents.
It demanded that the HOA immediately correct their records and inform all residents that the pond was private property. We received a response 2 weeks later.
It was from the HOA’s attorney and it was basically a rejection of everything we had presented. They claimed that their documentation was valid and suggested our survey was flawed.
They warned us that continued interference with residents’ access to the pond could result in legal action against me. My lawyer was thrilled.
She said
“They are digging themselves deeper. Every time they put something like this in writing, they are building our case for us.”
We sent another letter, this one even more formal. We demanded the HOA cease and desist from claiming any ownership or access rights to my property.
We included additional documentation from the county recorder’s office proving the chain of ownership for my land. Again, they rejected our claims.
The Confrontation at the Shore
Meanwhile, the situation on the ground was getting worse. More and more people were showing up at my pond and they were getting more aggressive.
When I asked them to leave, a few told me that they’d received communications from the HOA encouraging them to use the pond. They were assured that they had every right to be there.
Then came the incident that pushed everything over the edge. It was a Saturday morning in late spring.
I decided to do something I’d done hundreds of times before. I grabbed my fishing rod and tackle box and walked down to my pond to catch some bass.
I set up in my favorite spot on the north shore, cast my line, and settled into my lawn chair. For about 20 minutes, it was peaceful.
But then I heard voices. A group of about eight people were walking across my property towards the pond.
They had coolers, folding chairs, beach towels, and fishing gear. It looked like they were planning to spend the whole day.
I set down my rod and walked over to intercept them.
I said
“Excuse me folks, this is private property. You cannot be here.”
The man leading the group stopped and crossed his arms.
He said
“Here we go again. Look buddy, the HOA sent out an email specifically about you.”
He continued
“We know you’ve been harassing people and trying to claim community property as your own. We’re not going to put up with it anymore. This pond belongs to all of us.”
I said
