The "Tyrant"

(Primary article copy. Scrutinize this the most.)

Understanding the Tyrant in an HOA

In a Homeowners Association (HOA), the presence of a board member who demonstrates domineering or bullying behavior can disrupt community dynamics and governance significantly. Sometimes described informally as a “tyrant,” this type of board member may exhibit authoritarian tendencies—pushing for unilateral decisions and at times disregarding the bylaws, the input of fellow board members, and homeowner participation. Such leadership is often associated with reduced transparency and, in some situations, intimidating or bullying behavior.

This type of conduct can undermine healthy community management and may create operational and legal challenges for an HOA. For example, a board member may attempt to manipulate meeting agendas, curtail discussion to limit dissent, or delay or restrict access to certain information (such as financial documents or meeting minutes), which can foster mistrust among homeowners.

Additionally, intimidation tactics can create a stressful living environment and deter community engagement. The resulting disruptions—ranging from decreased resident involvement to disputes that may escalate into legal claims—can divert resources away from essential community improvements and maintenance.

In the next section, we will delve deeper into the "Key Characteristics of a Tyrant" to better understand these behaviors and their impact on an HOA, outlining options that may help communities address and reduce these challenges.

Key Characteristics of a Tyrant:

Authoritarian Leadership:
A “tyrant” within an HOA is often described as having a dominating presence in meetings and decision-making processes. This individual may try to exert control by overriding board consensus, sometimes pushing decisions without open discussion or adequate consultation with other directors. This style of leadership can discourage dissenting opinions and alternative perspectives, undermining the collaborative environment that is generally important for effective community governance.

This approach can limit the board’s ability to function effectively. For example, a director may attempt to influence the agenda, propose restrictive time limits on discussions, or schedule meetings in ways that reduce participation. If these tactics limit meaningful participation by directors or members, they can contribute to frustration among board members and homeowners who feel their voices are not being heard.

Lack of Transparency:
A “tyrant” in an HOA may also operate with a degree of secrecy, which can function as a component of control over the community. This lack of transparency may show up through the withholding or selective disclosure of information from other directors and homeowners. Examples can include incomplete information about finances, projects, policy changes, or other governance matters.

This type of behavior can lead to significant issues within the community. It can breed mistrust among homeowners who feel they are not adequately informed about decisions affecting their homes and investments. Other board members may also find it harder to perform their duties if they do not have complete and timely information.

Additionally, by controlling the flow of information, a “tyrant” may attempt to influence outcomes in ways that align with personal preferences rather than the association’s stated processes. The resulting environment can discourage participation from homeowners who might otherwise contribute to community life.

Ultimately, lack of transparency can also contribute to legal disputes. In California, homeowners have statutory rights to inspect and copy certain HOA records, and disputes about access to information sometimes lead to internal dispute processes or litigation.

Selective Rule Enforcement:
A commonly reported problem in dysfunctional HOAs is selective enforcement of rules and regulations. In this context, a “tyrant” may treat community guidelines not as standards to be applied consistently, but as tools to reward allies or penalize opponents. This can undermine perceptions of fairness and contribute to division within the community.

Selective enforcement can manifest in several ways. For example, violations by favored individuals may be overlooked, while rules may be applied more strictly against those viewed as detractors. Minor issues that might otherwise be addressed informally may instead result in escalated enforcement activity for selected individuals.

This practice can damage community cohesion and erode trust in the board’s impartiality. It can also increase legal risk. Homeowners who believe they have been treated unfairly may challenge the association’s actions through internal processes or, in some circumstances, through legal claims.

Intimidation Tactics:
The use of intimidation tactics can be particularly corrosive. Some individuals may leverage their position to bully or suppress opposition, using fear or punitive measures to discourage dissent. This can affect the social fabric of the community and lead to an atmosphere where residents feel uncomfortable speaking up.

Intimidation can range from hostile conduct in meetings to actions like spreading rumors or attacking an individual’s character. In some situations, enforcement tools (such as violation notices, hearing procedures, or monetary penalties) may be perceived as being used in a retaliatory way.

Additionally, some leaders may threaten legal action against dissenters or advocate for legal action that homeowners view as unwarranted. These dynamics can reduce engagement, increase turnover among volunteers, and make it harder to recruit qualified people willing to serve.

HOAs may address these issues through clear conduct expectations, consistent enforcement practices, and use of statutory dispute-resolution processes. In some cases, communities seek guidance from an experienced California HOA attorney regarding dispute-resolution options and statutory requirements.

Resistance to Accountability:
Encountering a “tyrant” can test an association’s governance structures. Such a figure may resist accountability and attempt to sidestep oversight mechanisms intended to promote transparency and fair process.

For example, meetings might be scheduled when attendance is predictably low or noticed in a way that reduces participation. A “tyrant” might try to manipulate the agenda or limit meaningful discussion of alternative views.

A director’s interpretation of governing documents may also be advanced in a way that favors that director’s interests, including selective enforcement or inconsistent compliance. Information control can also be an issue—such as delaying financial reports or limiting the distribution of meeting materials—leading to distrust among residents.

In scenarios where formal procedures provide checks and balances—such as contracting approvals or grievance procedures—some individuals may try to bypass those safeguards. The cumulative impact can be decreased resident confidence and, in some cases, disputes over fiduciary duties, records access, or compliance with governing documents.

Legal Remedies for Dealing with a Tyrant

Navigating the challenges posed by a board member described as “tyrannical” in a Homeowners' Association (HOA) may involve more than patience and diplomacy. In this section, we will outline dispute-resolution tools and legal concepts that homeowners in California sometimes consider in these situations. The strategies discussed are general educational information and may not apply to every community or set of facts.

Documentation and Record-Keeping:
When dealing with a board member whose conduct appears improper, it can be helpful for homeowners to document what occurred and to keep copies of relevant HOA communications and records.

Homeowners may keep a log of incidents, noting dates, times, and descriptions. They may also retain written communications such as emails, newsletters, text messages, and notices.

In California, members may have the right to record certain HOA meetings (for example, board meetings that are open to members), but recording can be subject to statutory limits, reasonable HOA rules, and California privacy laws. Homeowners should be mindful of consent and privacy requirements and the distinction between open-session meetings and executive session.

Witness statements from other homeowners and directors can also be useful, as can photographs for issues involving physical conditions or visible rule violations.

Finally, retaining governing documents (CC&Rs, bylaws, rules), minutes, and relevant financial materials can help identify whether actions appear inconsistent with the HOA’s stated procedures or statutory requirements.

Informal Dispute Resolution (IDR):
Under the Davis-Stirling Common Interest Development Act, associations must provide a procedure for Informal Dispute Resolution (IDR), sometimes called a “meet and confer,” as a way to attempt resolution without immediately resorting to litigation.

The process typically begins when a homeowner or the association submits a written request for IDR under the association’s IDR policy. The goal is to open a dialogue in a less formal setting.

IDR is not a court proceeding, and it does not guarantee a resolution. However, it can help clarify issues, create a record of attempted resolution, and sometimes address misunderstandings.

Formal Legal Action:
If internal processes are unsuccessful, some disputes may proceed to more formal steps. In California, many lawsuits by an HOA or a member involving enforcement of governing documents are subject to statutory requirements to attempt Alternative Dispute Resolution (ADR) before filing suit, unless an exception applies.

In situations where a homeowner seeks legal counsel, an attorney would typically review available records, governing documents, and the relevant history to evaluate potential claims and defenses.

Depending on the circumstances, steps may include written communications asserting alleged violations, requests for statutory records, or a request for ADR (such as mediation). If a matter proceeds to litigation, it can be costly and time-consuming, and outcomes can depend heavily on the facts, the governing documents, and applicable statutes.

Mobilizing Community Support:
In some communities, homeowners address concerns through lawful and transparent community participation—such as attending meetings, using permitted member-comment opportunities, organizing to run for the board, or using procedures in the governing documents for member votes.

When homeowners communicate and share information appropriately, it can help the community identify whether concerns are isolated or reflect broader governance issues.

Voting the Tyrant Out:
One option sometimes discussed in HOA communities is using member voting rights to remove and replace a director, when allowed by the HOA’s governing documents and applicable California law.

In California common interest developments organized as nonprofit mutual benefit corporations, removal procedures are often governed by the Corporations Code and the association’s bylaws, and may involve a member vote at a duly noticed meeting or election. Requirements (such as petition thresholds, notice, quorum, and voting procedures) can vary.

Conclusion

Homeowners troubled by a board member who is perceived as overreaching may have options under their governing documents and California law, including records requests, participation in meetings, and statutory dispute-resolution processes. Because facts and governing documents vary, educational discussions like this one are not a substitute for legal advice.

Bad HOA Podcast, "The Meddler" Transcript

Bad HOA Podcast Producer, Marty Vasquez

So in terms of steps on ramping up the intensity on trying to get these things resolved, we talked a little bit about last time about requesting IDRs should be like the first step in most of these cases.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

It tends to be, but it depends on the intensity of the situation. Because you also don't want to subject yourself to a highly unproductive meeting if you don't have to. If there are other methodologies available, IDR may not be productive if you think it's just going to be a shouting match. I'm Luke Carlson, and for almost two decades, my law firm, LS Carlson Law, has worked on HOA-related disputes in California. In this podcast, we discuss common HOA conflict patterns, explain legal concepts at a high level, and share practical considerations for navigating HOA disputes. While the information provided shouldn't be taken as legal advice, our aim is to provide general education about HOA governance issues.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Hi, I'm Luke Carlson of LS Carlson Law. Welcome back to the show. Today, we are going to continue this theme of bad actors within an HOA. Over the last decade or so, we've seen a consistent theme of certain characters that really drive dysfunctional HOAs. Last week, we discussed the meddler. This week, we're talking about the tyrant. Today, we have Jenny Carlson on the show as well.

Bad HOA Podcast Producer, Marty Vasquez

Hi, thanks for having me.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Thanks for being on the show. And we have Marty.

Bad HOA Podcast Producer, Marty Vasquez

Good morning.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

So the reason, you know, one attorney, two non -lawyers, we do this in order to ensure that we cover everything. Sometimes, when lawyers discuss these topics, they get too myopic on legal issues. And I think this is a good balance with that. So how would you guys like to start?

Bad HOA Podcast Producer, Marty Vasquez

Well, I think you did the intros pretty well. So let's just dive right into it and identify, you know, what is the tyrant?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Okay. So the tyrant's interesting. And I want to draw a distinction between a tyrant personality and a meddler because often And some of the results are the same, but I think the characteristics are different. Because as I see the meddler, that's the individual in the HOA who has just way too much curiosity. They're up in everyone's business.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

Just loves to be involved.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Correct. But what they don't have is the malice, which can sometimes drive the tyrant behavior. So as I see it, the tyrant may be driven by a desire for control or power.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

So the distinguishing factor is malice?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Maybe to an extent, or power or the procurement of power versus the meddler who just likes to be up in everyone's business. I don't know if there's an endgame with the meddler. They just kind of meddle.

Bad HOA Podcast Producer, Marty Vasquez

These are all HOA board members assumed, right?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Correct. Board members or directors of the board. So yeah. So when you have a tyrant, the problem is and we came up with a good list of this and I like this. So I'll break it down, but these are the common traits and behaviors that we see. So authoritarian leadership. So what does that mean? In my mind, or what we've seen, is the tyrant tries to take control of the board. It's not an open forum. It's their word, and everyone else just has to obey, irrespective of whether they're right or wrong. And they shut down commentary, even if it's constructive. So that's what we mean by authoritarian leadership. Lack of transparency is also an interesting one and tyrants often operate somewhat in the shadows. They may do things without notifying everybody. Sometimes that's because what they're doing may be outside the normal process. So that's something to look out for. Unilateral decision -making also is sort of consistent with that authoritarian leadership, right?

Bad HOA Guest, HOA Homeowner, Jenny Carlson

To me, that means control. Unilateral decision -making just means I want control.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Control or power.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

Correct.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Right? So that's what they're seeking. And when they do it unilaterally without input, they're exerting control over the board, but also over the community as a whole. And when you see that behavior, the real problem is, well, one, it may be inconsistent with the spirit of HOA governance, and you may start to see decisions which favor that individual. So they're not looking out for the whole community, it's self -- it benefits them individually.

Bad HOA Podcast Producer, Marty Vasquez

And I would assume the people that are in their inner circle are that they want to grease their palms or be able to -- Yeah, sometimes you have a pool of tyrants, right?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Disregard for due process, again, if they were to follow everything by the book, they probably wouldn't be able to get the control that they want. So due process is a set of rules and regulations that surround HOA governance. So when a decision has to be made, typically there are steps to do it. There's a vote. There's input from the community. They try to short circuit it, and they just lay it down.

Bad HOA Podcast Producer, Marty Vasquez

Now, people can often get confused with a tyrant just because, I mean, the CC &Rs and rules and regulations could be quite restrictive, and those people are just enforcing those rights. So it's not to get confused with just the people that are literally going book by book. These are people going outside of what the book says just to make life miserable or to benefit them personally in some way.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah. Yeah, so I think what you're discussing there is you have two things, CC &R's bylaws really set the framework of how a board needs to operate. These are the tripwires. This is how you need to move something forward. The tyrant will disregard those. That's what I'm getting at. And operate outside the playbook. So that's really what you look for when it comes to a tyrant behavior. Are they following the bylaws? Are they following the CC &R's? If they're not, you may have a problem. Sure. Let's see what else we have. Intimidation and bullying. So how we see that manifest, it's interesting. Sometimes what they'll do is they'll take the CC &Rs and weaponize them. And what do I mean by that? Well, let's say the tyrant doesn't like one individual homeowner. And all of a sudden that homeowner is getting fines, is getting violation notices, is being called to hearing. Well, to the extent that that individual owner is actually violating the CC &Rs, there's nothing wrong with the board enforcing the CC &Rs. But when it's targeted, when it's against one person that they just don't like, that can become problematic. Or maybe you get a situation where you have the pool of tyrants. They're all violating the rules and regulations, but they're not being held accountable. That's also problematic.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

We have the tyrant and the meddler. The meddler is helping the tyrant to weaponize a single homeowner.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah, you get some weird dynamics in these.

Bad HOA Podcast Producer, Marty Vasquez

And a single individual can cross multiple personality traits too. They could be not just a meddler, but also a meddling tyrant. Yeah, so this isn't a psychology show.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

It's supposed to really focus on personality, so I don't know what drives it, and yeah, I suppose you could have mixed personality types with the personality type of the tyrant.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

This is a nice one. I like this label or description. It's a resistance to accountability. So, how you see that play out is homeowners are up in arms and they lodge complaints against the tyrant. The tyrant will do everything they can to sidestep any sort of accountability for their actions.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

We call that lack of ownership.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Lack of ownership or just a disregard, just ignoring what's happening, right? They just push it away and they can sometimes work within a HOA board. Maybe they're friends with the attorney of the board and somehow they've worked out a deal where the attorney responds to complaints in a way that favors the board leadership. So there's different ways that a tyrant can sort of maneuver, but ultimately to your point, to avoid that accountability.

Bad HOA Podcast Producer, Marty Vasquez

And this could get really problematic if it's like a board president or someone that's usually kind of top of the heap of the board.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Correct. Yeah. They're in a position where they can do it if that power goes unchecked, which is I guess the other part of this conversation. How do you keep that tyrant from, yeah. Yeah. Personal agendas, I kind of mentioned that, but again, it's power for power's sake, I suppose, but also you'll see undercurrents of self -interest. You know, they wanna push an agenda because it benefits their property, even though it's not benefiting anyone else. So take a common area, for example. Let's say there's a landscaping budget, and somehow, all of a sudden, most of the landscape budget goes to the greenbelt in front of their property, while they ignore other pieces of the community, right? Right. Self -interested, right? and they've taken their position to drive that self -interest, right? So that's what we're looking at there.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Okay, so dissenters, yeah. So when you have dissenters in a community, and those are the people who are vocal, who are saying, hey, this isn't right, you can't do this. What about the other green belts? Sometimes what you'll see as a result is retaliation against the complainers. So all of a sudden, if you're complaining a lot, but now you're getting violation notices. Now you're under scrutiny. So again, it's this notion of weaponizing the HOA and the tools at their disposal against certain individuals.

Bad HOA Podcast Producer, Marty Vasquez

But that can be dangerous because then it sets a precedent, well, I'm just not going to rock the boat because I don't want, I'm not going to say anything because I don't want the fees and fines or the wrath to come down. So it could, so then the authoritarianism can keep rising.

Bad HOA Podcast Producer, Marty Vasquez

It's self perpetuating.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah. If you leave it unchecked, it can become a vicious cycle.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

And I feel like, more than anything, you see the homeowners that don't want to be in the spotlight, or the homeowners that just don't want a target on their back. So they're going to quietly sit in the background and have to stay there.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah. So that's, yeah, problematic, obviously. All right. So what else do we have? Warning signs and how to curve the behavior. So I think the traits really will give you the red flags. I think you can often spot a tyrant quickly. Again, it's someone who's just taking control. Their decision -making seems to be driven by self -interest, more so than the good of the community.

Bad HOA Podcast Producer, Marty Vasquez

Right. And I would assume lack of transparency, not providing any sort of rationale or context behind decisions that they're making would be another way of identifying a tyrant.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah. I think the big one though is really that targeting or the preferential treatment. If you start to see that byproduct from a board, you might be dealing with a tyrant. So that is things to look for. So I think the big question ultimately for a homeowner is what do you do with a tyrant? Yeah, how do you enforce? Yeah, so there's different ways at least in California to address it, but you want to be strategic and you want to be intelligent about how you do it. So, you know one of the opportunities any homeowner has in California is to demand what's called informal dispute resolution. It's under the Davis-Stirling Act and it's essentially you're gonna come up with a list of concerns. You're gonna say hey you did this wrong. You did this wrong. I need to bring this to the board's attention. You can request IDR with the association, but ultimately what I see when we're dealing with a tyrant, you're going to show up at the IDR, which is really just an informal meeting, and the tyrant's going to be there. And given their personality, it's possible that the meeting will not be productive.

Bad HOA Podcast Producer, Marty Vasquez

Is it so in terms of steps on ramping up the intensity on trying to get these things resolved? We talked a little bit about last time about Requesting IDRs should be like the first step in most of these cases.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

It tends to be but it depends on the intensity of the situation. Okay, because you also don't want to subject yourself to just a horrible meeting if you don't have to yeah. If there's other methodologies available to you, IDR may not be appropriate if you think it's just going to be a shouting match.

Bad HOA Podcast Producer, Marty Vasquez

Interesting. Because my assumption would have been, well, we have to go through these steps and lay out a timeline or a frame of reference here to get to that point.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah. IDR generally is not a prerequisite to filing a lawsuit. It's a step. It's available. In a well -functioning HOA, it can get traction because it forces the board to sit down with you and you can air your grievances. And the spirit is really collaboration and trying to sidestep legal action.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

Right.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Right? You're trying to diffuse these situations internally within the HOA, not bringing it into a legal dispute. But again, with the tyrant, you may not get any traction.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

It could be tough. So it's one of those, it depends.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

It depends. Yeah. It's a fun legal phrase that we use often. It depends.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

It depends.

Bad HOA Podcast Producer, Marty Vasquez

So what would be the second step of ramping that up? So we identify the tyrant is, you know, it's not going to go anywhere. This person's out of control. So what's, I guess, level number two?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah. So I think what's mission critical for any homeowner who's experiencing this is creating a file of some sort. You got to have examples, something concrete, you know, something that you can point to and you start collecting this; ultimately it's considered evidence, right? But you want to show up eventually to a lawyer and present the case. And really the lawyer's job is to go through your files, say, okay, this is a potential breach of the CC &Rs, this may be a breach of fiduciary duty, and start framing it out legally. You've got to make sure that the conduct actually violates a statute, the governing documents, or the owner's rights. Because without that or without something credible, a lawyer may not be able to do much with the case. So assuming you meet with the lawyer and you are able to identify, okay, this has crossed the line and this is why—this is self -dealing, this is targeting homeowners to the exclusion of others, this is preferential treatment—then you start to evaluate options.

Bad HOA Podcast Producer, Marty Vasquez

So then where does this go?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

So another strategy, at least in California, that you can deploy is a request for alternative dispute resolution. And I think we've discussed that in the past.

Bad HOA Podcast Producer, Marty Vasquez

Yeah, we have. A little bit. Do you want to recap it just real quick? Yeah.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Essentially what that is, is it's different than a simple demand letter. Because if you request ADR under the Davis -Sterling Act for claims involving enforcement of governing documents, you generally require the HOA to respond within 30 days. So it's a legally defined process. The demand letter, in theory, they could ignore it without that same statutory framework.

Also, if a party unreasonably refuses ADR, that can affect the court’s consideration of attorney’s fees in certain cases. I don't want to get too technical with it. But if you have that agreement, eventually where this lands is in the camp of a mediator, often a retired judge, and that retired judge is, in theory, a neutral who's supposed to facilitate a resolution. So now you have, in theory, a neutral third party, and that's where you might actually be able to get traction.

Bad HOA Podcast Producer, Marty Vasquez

Let me ask you this, though. Let's just say that you do win. How do you, I mean, in my mind, I'd want to get the problem resolved, to get the tyrant off the board, and I mean, if they're in cahoots, even that lawyer out of there, how can a judge say, hey, you've violated so many things here, we can throw you out, or is it?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

No, so I have to make a distinction with mediation. Sure. Mediation, there's technically no win or lose. It's a negotiation. OK. So even if the retired judge comes to you and says, this looks like a strong set of facts, in theory, that mediator could go over there and the other side could say, we disagree and we’re not resolving it. And there's no resolution. I would argue that's a failed mediation at that point, right, because you didn't actually agree to anything. And at that point, the owner would be forced to consider potentially litigating the dispute, which is very costly and time-consuming.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

That sounds like it's a last resort.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Correct. Alternatively, though, if the mediator can influence the other side, get them to see reason, you might be able to structure a resolution that addresses the concerns. Now we've seen it historically where the board president has resigned or been replaced through lawful community processes. So, you have to understand mediation in the truest sense is a negotiation. It's not a win or lose proposition. Now, you may come out with an outstanding outcome, but it wasn't because the mediator said you were the victor.

Bad HOA Podcast Producer, Marty Vasquez

Sure. Is this ever a point where you go to arbitration versus mediation?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

That's a good question. So, arbitration is a form of private dispute resolution that is typically triggered by way of a contract. You have a contractual right to arbitrate versus taking it to state court, right? So with arbitration, in order to get into arbitration, there's two ways. One, everyone will agree that that's the best forum. Or if there's a contractual right to do so, you can sort of invoke that contractual right to force arbitration on the other side.

Now, the benefit of arbitration is it can be on a more condensed timeline than state court. It's supposed to be a little bit more efficient. Economically, though, they can be expensive. But those are binding. So if you go through arbitration, the arbitrator has the ability to issue an award. Once you have that document, you can petition to confirm it in state court, and it becomes enforceable.

Bad HOA Podcast Producer, Marty Vasquez

Now, in the years that you've been doing this, when you see a tyrant on the board, how, I mean, in terms of just rough percentages, one out of 10, are most of them solved in informal dispute resolution?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah, so success rate for mediation tends to be high in general, but what I tell everybody, because I get asked this a lot, is past results don't predict what will happen in a particular case, because you're dealing with human beings. I don't have a crystal ball. I can't gauge whether I'm going to get a reasonable board that shows up or a reasonable lawyer. You can get a reasonable board, but you can also get a very entrenched position on the other side. So you can't really predict who shows up.

Now, you'll start to get a gauge from it though, you know, after a request for ADR. There's gonna be some negotiations before the mediation. At that point in time, you can start seeing who the players are on the other side, what their position is, and at that point you'll have a little bit of a better gauge of where the mediation might go.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Flexible they're willing correct, but beforehand it's very challenging to say.

Bad HOA Podcast Producer, Marty Vasquez

I don't think we've ever mentioned this, but in many cases, you have multiple homeowners come to you together for one case, right? To represent a group of homeowners. Is that not correct?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah, we see groups every now and then, because often the homeowners are experiencing sort of an equal dissatisfaction with the HOA. They're all being harmed in some way. Maybe there's an impact to property values, or there's some other negative impact within the association. How a law firm approaches that can vary, including conflicts considerations and practicality.

Bad HOA Podcast Producer, Marty Vasquez

I was just thinking in terms of sharing overall costs, if the tyrant is out of control and you get a ton of pushback from the other side and you're getting into the worst case scenario and you're having to go to litigation and it's going to be somewhat expensive.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

There can be economic realities to these disputes. Individuals sometimes coordinate among themselves, but the details can vary widely and depend on the circumstances and ethical rules.

Bad HOA Podcast Producer, Marty Vasquez

It makes a lot of sense, actually.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah.

Bad HOA Podcast Producer, Marty Vasquez

Because the worst case scenario is you get this, you just feel trapped and totally stuck. Correct. And it's either you pay a lot or you have to deal with this guy for however long. Correct. And if everyone's in cahoots on the board, how, it's gonna be difficult getting him removed.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Correct, and there are ways to address it, but there can be economic realities. Sure. To enforce rights. All right, what else do we have?

Bad HOA Podcast Producer, Marty Vasquez

Do you have any key cases or examples that you want to discuss, a couple of highlights that you think would be interesting to share?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

I can share a general example without getting into confidential details. We've seen scenarios where a board president was enforcing the rules very strictly against others while maintaining obvious violations at their own unit. For example, patios, exterior items, or other visible restrictions. When the evidence is clear—photos, the CC&Rs, and a pattern of uneven enforcement—those facts can be important in resolving disputes.

Bad HOA Podcast Producer, Marty Vasquez

Interesting. Yeah. All right. We got a we have a curveball for you. Hit me. Okay. So Reddit you've been on reddit

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

I'm aware of the platform

Bad HOA Podcast Producer, Marty Vasquez

There's a a subreddit aka a group. Okay, that is called Without using the word it's FHOA. I see where this is going and it's all people complaining and telling stories about how horrible their HOA is.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

I probably know some of them.

Bad HOA Podcast Producer, Marty Vasquez

Yeah, I'm sure. I'm sure there's one in there. So we thought it would be fun to cherry pick out a tyrant for you. Okay. And then, so Jenny's going to read the actual post. We made some adjustments so it's a little bit easier to read. Okay. And then you can give your take on how you would approach that person, generally speaking. Oh, this is fun.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

The title is my favorite. HOA president is awful. As a homeowner in our community of 200 residences, I've witnessed a troubling sequence of events since our homeowners association was established a year ago. One individual who has been ambitiously eyeing the presidency from the start, embarked on a campaign to secure votes by canvassing door to door and distributing flyers. Upon securing the presidency, he enacted significant changes, dismissing our original management company, contracting a new one, appointing a new HOA attorney, and instituting a ban on ATV use within our neighborhood. The remaining board members seemed to support these actions. However, the situation quickly deteriorated. The president exhibits an intolerance for dissent. During community Zoom meetings, he has muted and expelled participants for any hint of criticism or negativity society, contrary to our HOA's established rules that promised open dialogue. Furthermore, he has resorted to publicly chastising homeowners via community-wide emails, displaying a penchant for pettiness and hostility. Our community's Facebook group, a platform for open discussion, has become another tool for surveillance under his watch. Any contentious posts are swiftly removed by an admin, and the president has an assistant print and deliver these posts to him, creating an atmosphere of fear and self-censorship. The professionalism of the newly hired management company is concerning. Led by a single individual, the company frequently issues poorly written communications and fails to adequately address homeowners' inquiries, deferring matters to the board, which then remains unresponsive. Theocratic nature of our HOA president was starkly evident when a homeowner who criticized him on our HOA website was suddenly unable to access his account. The management company's response was dismissive at best. In a bold move, this homeowner distributed a letter outlining his grievances to every household in the community via hand -delivered letters to each, only to be met with a no -trespass order from the president, backed by law enforcement, severely restricting his movements within our own community. What steps can we take as homeowners to gain control over the community?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

That is a lot to unpack. There's a lot of questions here too, though. And I'll analyze this under the lens of California law, recognizing we’d need more facts to evaluate any specific legal claims.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

Oh, can I see the...

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah, so how am I seeing this? There may be potential issues related to access to meetings, member participation, records transparency, and whether decisions are being made consistently with the governing documents and applicable law. The “no-trespass” concept described raises additional factual questions.

There may also be defamation concerns when communications single out individuals, but those claims are very fact-specific and depend on the precise statements and context.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

What about the removal of accounts?

Bad HOA Podcast Producer, Marty Vasquez

Or no accesses.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

Right.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Well, no access might be a lack of transparency, depending on what system it is and what was restricted. There might be violations of the Davis -Stirling Act or other laws, but it would depend on the facts.

When you see a board president who quickly inserts a new management company, it can be appropriate to look at whether proper procedures were followed and whether there are any conflicts of interest. Self-dealing is not something you can assume without evidence, but it can be one issue that gets investigated in some cases.

So you're going to have potentially a list of issues: fiduciary duty concerns, possible governing document violations, and meeting/process issues. The question is what to do with that.

In my mind, IDR may not be productive in a scenario like this, depending on the personalities involved. A demand letter can sometimes be useful, but outcomes vary.

A request for ADR under Davis-Stirling can be an important step in California for many governing-document enforcement disputes. And separately, homeowners often consider statutory records requests (for example, requests under the Davis-Stirling records provisions) to obtain transparency about decisions and finances.

Bad HOA Podcast Producer, Marty Vasquez

And I would assume you should, just like we said earlier, as soon as you start seeing the red flags, start collecting evidence immediately. And it sounds like there's multiple homeowners involved here that can start collecting evidence. And is that beneficial to have multiple homeowners start collecting evidence?

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Generally, the more reliable documentation you have, the better. You know, eventually it may be consolidated under one file. Sure.

Bad HOA Podcast Producer, Marty Vasquez

Yeah.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Yeah. So, no, the more the better. The more you can show patterns and specific actions, the more helpful it is. And when you can start showing potential breaches—fiduciary duty, conflicts of interest, selective enforcement, lack of process—that’s where it matters legally.

Bad HOA Guest, HOA Homeowner, Jenny Carlson

I don't know if I was right on that. I'm trying to read for it. I don't see, maybe I misunderstood what you said. But you would review all of these and see, okay, which issues would you want to lead with? What's the support of that? And then once you have that framework, that becomes the basis of an ADR request. Because also with ADR requests, you want to make sure they're clear and supported. You want to make sure any lawyer who picks it up on the other side says, they've done their diligence. You got to make sure that you come prepared.

Bad HOA Podcast Producer, Marty Vasquez

So, Reddit.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

So that was good.

Bad HOA Podcast Producer, Marty Vasquez

That was fun. Now that's interesting. That's certainly interesting. I don't know. Did I pass the test? No, I liked it. I found it really interesting.

Bad HOA Podcast Producer, Marty Vasquez

So, the next episode's a fun one as well. The Incompetent.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

Oh, the Incompetent. Yes, I like the Incompetent. Yeah, so maybe I'll tease that one. Yeah. So the Incompetent operates in its own sort of vacuum. This is, they're not a meddler, they're not a tyrant, and sometimes the interesting thing with the incompetent is they're well-intentioned. They want to do the best for the community, but they don't understand much. You know, the complexity of a director can't be understated. When you're in a director's seat or you're on the board, you're dealing with fiduciary relationships, you're dealing with CC &Rs, you're dealing with corporate governance, you're dealing with state law, and you have to understand all of these things to operate effectively. Because again, I don't want to be perceived as someone who's against associations. When they're properly run and maintained, they can be a great thing. They can help preserve property values. And it actually can be a very positive thing.

Bad HOA Podcast Producer, Marty Vasquez

Yeah, you yourself live in an association.

Bad HOA Podcast Host, HOA Attorney, Luke Carlson, Esq.

And it runs very well. Knock on wood.