Hoa Designates My Private Pond As “Public Hoa Property”.. Unaware I Own The Land!
“Well, she’s wrong and she’s lying. I have the deed to this property. I even have a survey. She’s sending you to work on land that doesn’t belong to her.”
The landscaper shrugged.
He said
“Look man, I just go where they tell me to go. I’m not getting involved in some property dispute.”
He added
“But if you say this is your land, I guess we should probably verify before we start mowing.”
Thank god this guy had some common sense. I showed him the survey and the property deed.
After looking them over, he got on the phone with the HOA President. I could hear her yelling through the phone from where I was standing.
After a heated conversation, he hung up.
He said
“She’s insisting we do the work, but this doesn’t feel right to me. We’re going to leave. This is above my pay grade.”
The landscaping crew packed up and drove away. I immediately called my lawyer and told her what happened.
She said
“That is trespassing, and if they had actually done any work, it would be property damage.”
She continued
“We need to send another letter. Honestly, I think it’s time to consider filing suit.”
I agreed. We’d been trying to resolve this quietly, but the HOA President was escalating at every opportunity.
It was time to push back. My lawyer filed a lawsuit against the HOA for trespassing, harassment, interference with property rights, and slander of title.
That last one was important. By falsely claiming ownership of my land and putting it in writing, they were damaging my property rights in a legally actionable way.
We also filed a complaint with the county. We demanded that the original developer’s maps be corrected to accurately show that my property was not part of the Tyrant Estates development.
Taking Back What’s Ours
The HOA was served with a lawsuit. According to what I heard, the HOA President was not really sorry for what she did.
She had essentially convinced herself and everyone around her that she was right and I was some kind of crazy person. Now she was facing legal consequences for her actions.
After the lawsuit was filed, things got even worse. I was sitting on my back porch in the early evening, enjoying the sunset over my pond.
I saw a group of people walking towards my property again. This time there were even more of them, maybe 15 or 20.
Leading the group was the HOA President herself. I walked down to meet them at the property line.
I said
“No, you’re not welcome here. None of you are.”
I added
“This is private property.”
The HOA President smirked at me.
She said
“We are taking back what’s ours. The board voted unanimously to authorize residents to access the pond recreation area, regardless of your false claims.”
She continued
“We are not going to be bullied by your frivolous lawsuits.”
I replied
“You are trespassing, all of you. If you don’t leave immediately, I’m calling the police.”
She said
“Go ahead. Call them. We’ll show them that we are the rightful owners of this property and that you’re the one who’s been breaking the law.”
I pulled out my phone and called 911. While we waited, the group spread out and set up along the shore of my pond.
Some people started fishing; others set up lawn chairs, and a few kids ran around playing. When the deputies arrived—two of them this time—the HOA President marched up to them.
She had a folder full of papers.
She said
“Officers, I’m glad you’re here. This man has been illegally claiming ownership of community property for months.”
She continued
“I have here the official HOA map showing that this pond belongs to Tyrant Estates. We’re demanding that he be arrested for trespassing on our land and for harassing our residents.”
She actually wanted me arrested on my own property. The deputies looked at the papers she had given them, then looked at me.
One of them was the same deputy who had responded to the earlier call.
He said
“Ma’am, I was here a few days ago for a similar complaint. This gentleman showed me documentation, a deed, and a licensed survey proving that he owns this land.”
She snapped
“Those documents are fraudulent! Our maps are the official records!”
I interrupted her.
I said
“The county has already been contacted. There’s an ongoing investigation into how your development maps incorrectly included my property somehow.”
I added
“And by the way, there’s also an active lawsuit against your HOA for exactly what you are doing right now, which is trespassing on my land and claiming it as your own.”
The HOA President’s face turned red.
She said
“This is absurd. You cannot just claim whatever land you want because you have some fake papers.”
I said
“Well, my papers are not fake. They are official county records. Your maps are the fake ones, by the way.”
I continued
“Either they were created in error or someone deliberately falsified them. Either way, you’re in the wrong here.”
One of the deputies stepped forward.
He said
“Ma’am, I’m going to need you and everyone else to leave this property while the dispute is being resolved.”
He continued
“I understand you believe you’re in the right, but there’s clearly disagreement about ownership here, and until it is sorted out legally, you don’t have permission to be here.”
She said
“I’m not going anywhere. This is community property and I’m the duly elected president of the HOA. I have the authority to be here.”
The deputy said
“Ma’am, if you refuse to leave, I will have to arrest you for trespassing.”
Her eyes went wide.
She asked
“You cannot be serious!”
The deputy replied
“I’m completely serious. This gentleman has documentation showing he owns this property. You’re on it without permission. That is trespassing. Now please leave, or I’ll have to place you under arrest.”
For a long moment, she just stood there sputtering. Then she turned to the other residents who had come with her.
