BY SHERRY GROS 07/29/2021
Freelance Writer for Highland Park West Mobile Alabama
WELCOME TO MY WORLD!
I have been fighting the HOA powers that be here in Highland Park Subdivision in West Mobile Alabama since at least 2018. The shot across the bow that began our battle was when I said to the “President” of a neighboring unincorporated HOA collecting dues in our subdivision “I don’t think you have that authority.” It was scorched earth from that moment on.
I want to share with you some of my thoughts and experiences of the past few years so that you might be able to fight more effectively to attain your goal of creating a fair and transparent HOA or eliminating it altogether. What is taking place here locally as well as nationwide is the Quid Pro Quo “gatekeeper – secret back room – gargoyle defensive – money pile divided up among a few – without accountability or oversight” that you are painfully experiencing at this time.
First let me say, I think your “HOA Board” are going to have to back down in your case because if they do not your case could threaten to topple the entire HOA system in Mobile County and maybe the entire country. I predict they will admit they made a mistake because they hit where it hurts us all, in the pocket book. Everyone identifies with your pain because they blindsided you, they hit you unfairly and unjustly which is plain to see. They threaten your home ownership by placing mass liens on you. It is so obvious there need be no discussion at the aggregious actions this HOA took against the people of Briagrove. The only question I have is why did they stop at $6500.00 and not charge you each $12,000.00. Who are the contractors? Were there any other bids? Are the contractors friends or relation to the Board Members. These are legitimate questions. Briargrove has a reasonable expectation to answers. Your attorneys response, “Sorry for you but you have to pay it” is unacceptable.
Secondly, if Briargrove HOA gets away with this stranglehold upon the people then every HOA in Mobile will be given the green light to extract any amount of money for any reason as they so desire placing everyone’s home ownership in jeopardy. You are the test case, the clinical trial, the social experiment. Will the people stand for the plundering of Briargrove or beat the HOA back to their hell hole where they came from? If you think this is NOT a hell hole then you have not lived through an “HOA plundering without due process”
Be Prepared for Battle.
Do not expect anyone to save you. There is no one in Mobile Alabama to look to for rescue or that wants to do the work you are about to hoist and shoulder. The attorneys are highly pressured by the National HOA Lawyers Lobby to support the HOA at all cost. The HOA lawyers and managers know the phases of the arguments you are about to pose to them and they know how to step through each stage successfully while you most likely are totally unawares. The HOA lawyers are in league with the real estate and land management companies to “help” you with your HOA. Beware. The corrupted HOA and organization is there to make money at your expense through the HOA and the HOA battle.
Below is a short list of what to expect:
1) Shock and anger. You are outraged. You take umbrage. And you are going to fight for right.
2) You believe hiring an attorney will solve the problem.
3) After a time you realize the lawyer isn’t really helping anything and maybe making things worse.
4) The court costs keep rising but you don’t seem to be getting anywhere
5) Realization you are being soaked financially so you must make a decision to stay or go away broke (get out before this happens and go pro se as far as you can take it). You can go Civil District, Small Claims, Class Action. My former attorney went civil if I had to do it over again I would probably go small claims, class action. But case-by-case strategy is something that needs to be looked at carefully. The lawyers can argue your case in the pettiest of ways, create a gordian knot of complexity that can break the bank and they will go on as long as you are willing to pay them.
6) Realization the attorneys are not going to help you in an HOA battle in Mobile Alabama because I suspect they all drink from that same financial trough and the HOA Lobby discourages lawyer support of shareholders.
7) Do not believe what “They” tell you. Make them back up what they tell you with the laws. Memorize your bylaws and articles of incorporation and covennants as they apply to you. They will tell you ANYTHING to make you tuck tail and go away in defeat. Simply do not eat the crap they are about to spoon feed you.
8) The HOA will try to confuse you, pit you against one another, spread rumors, lies, and gossip about you. They will demonize you. They will call you crazy. They will tell everyone you are crazy. They might go so far as to report false claims to the police about you. Expect them to vandalize your property. Expect them to rale at you in anger and threaten bodily harm to you. Expect them to fear monger you, intimidate you, mischaracterize you. Expect them to set you up and to blame you for things you are not responsible. Expect them to doxx you and tag your social media comments as rude, vulgar etc. Expect to get your social media accounts banned to interupt communications with your neighbors (find alternative means of communications with your supporters). Expect people to wish you well. Expect to stand alone at times. All of these things I have experienced at the hands of the neighboring HOA.
9) Pay Attention to your health. It is easy in the throes of battle to neglect self care. Avoid this at all cost. Stress over the long haul is hard on your body and can open you up to ills. Take care of your family that they are not overwhelmed by the heat of the battle. Protect your loved ones.
10) It’s probably time for HOAs to have state oversight nationwide.
People of Briargrove, Because HOA battles are a hell hole, I do wish you well. I wish you success, not just for your sakes but for all Americans who are at a loss at the hands of the “HOA.” I offer you my support. I stand with you. If you need anything at all to help you win your fight do not hesitate to reach out.
Sincerely,
Sherry Lynn Gros
*NOTE: This article was written after watching a news report and seeing multiple social media posts. If you are interested in the details of the case over the years go to alacourt or clerk of the Mobile county Courthouse for the records. Circuit Court Baldwin County 05-CV-2017-901176.00