Judge Orders HOA to Permit Hispanic American Family Pool Access TODAY

RELATED NEWS – DEC. 3, 2026: The Office of the Attorney General fined a property management company $1.3 million. Maryland Attorney General Brown said, “This [court] decision should put property management companies on notice: if you overcharge consumers, our Office will hold you accountable.” In addition to returning to consumers [COC homeowners] the amounts they were overcharged, ProCom must return the money that was withdrawn from an association’s bank account without permission. ProCom must pay over $1.3 million in civil penalties and $179,000 in costs. Finally, ProCom is prohibited from continuing to charge consumers illegal late fees for delinquent assessments.

UPDATE, OCT. 7, 2024: "“The CFPB’s guidance reminds debt collectors of their strict liability under the Fair Debt Collection Practices Act (FDCPA) if they collect on amounts not owed, for services not received, or they lack documentation of the alleged debt." [Emphasis added. Source: NCLC News]

In concluding the matter of Quail Valley HOA vs. Eric O. Segura, Maryland District Court Judge Karen A. Ferretti ruled that Mr. Segura and his family can start using the Quail Valley HOA community pool immediately–today, August 14, 2024–after being denied entry for six years. The HOA's lawyer balked at the idea of allowing the family to use the pool immediately. He would have to check with the management company. That's when the judge entered the court order that Mr. Segura's family could start using the pool today.

The morning began with Mr. Segura agreeing to try a brief mediation outside the courtroom with the HOA’s attorney, and assisted by a mediator and a Spanish translator. What was in dispute in today’s trial? During the height of the COVID epidemic, Mr. Segura had missed some monthly assessment payments while he was unemployed. But how much did he owe, exactly? Mr. Segura provided proof (e.g., money order receipts) that he had paid several monthly assessments, while the HOA apparently had no clear record of having received those payments. That’s weird, but not unusual. (Note 1) The $5,148 Mr. Segura owed became approximately $16,000, and then approximately $19,000 a week later due to interest and legal fees. Apparently, the amount was ultimately reduced to the money just owed for the missed payments.

We have seen how HOAs have used actual or alleged “missed payments” as an opportunity to persecute a homeowner and set them up for confusion and failure to resolve anything. During this trial, Judge Ferretti used the word "insane" to describe how HOAs will shut off a homeowner’s access (via the online portal) to the record of their own account, and then fail to provide standard records of account to that homeowner by any other method. Why can’t an HOA provide a clear record of money still owed–and money received–to the homeowner? she asked. We see that sort of record for our mortgage. We see that sort of record for our credit card. Why can't that be provided for our HOA monthly assessments?

Mr. Segura and the HOA's attorney successfully arrived at a reasonable payment plan to eliminate that specific COVID-era debt. Various HOA fines and fees were dropped, including legal fees. HOA claims of alleged "property violations" had been dismissed the week before in court. And thus the trial, which began on Aug. 7, was concluded on Aug 14. (We have seen this “bifurcated” pattern before in 2021, and the QV HOA did not win its case back then.)

But is this justice? There is no compensation to the Segura family for six years that they have been denied access to community amenities, or for the trauma of watching their debt strangely accelerating, or for the stress of being sued by their own community association. Mr. Segura did not try to evade payment of the monthly dues. He made good faith attempts, over years, to communicate reasonably with the HOA, which rebuffed him. He even asked the County Commission for Common Ownership Communities for help. But resolving things compassionately and efficiently with homeowners is not profitable for the players in the HOA industry. So the abuse repeats against another family, and then another. It’s a predatory system.

No member of the Quail Valley HOA's volunteer board of directors attended this trial, on August 7 or 14th. They are all working people, so missing a half day of work is a sacrifice. Yes, but this trial is, according to the Maryland HOA Act, entirely of their doing. Mr. Segura took time off from work for this trial, as did some of his neighbors who showed up for the court watch. This excuse we hear so often from board members–“The matter is with the lawyers, and only they can handle these things”–is wearing very thin. It's time to open our eyes.

Homeowners pay twice for this abuse: we pay to end an attack, and we pay for the attorney who attacks us. How much did this trial, this latest fiasco, cost the homeowners of Quail Valley HOA in terms of attorney fees, court costs, and “bad debt”? (Note 2) We will try to find that out.

We are very grateful to the homeowners who step forward and share their experiences. They are helping to build the kind of community we would actually want to live in. This struggle for fair housing and civil rights will continue.

** *** **

Steven Sellers Lapham is a 24-year resident of Quail Valley HOA and author of the “Living on Cuckoo Court” blogs.

Note 1

One fair-housing advocate recommends–If you the homeowner are experiencing any payment difficulty with your HOA, then you should send the monthly assessment (or any payment) to the HOA (or to the HOA’s designated attorney) by USPS Registered Mail, which gives you a tracking number and requires a signature at the receiving end. Also, communicate by email, not by phone, with your HOA. Email provides to you a written record of the conversation. You may need it.

Note 2

Line items in the QV HOA 2024 budget: legal fees (collections)=$20,000; bad debt=$10,000.
Line items in the QV HOA 2023 budget: legal fees (collections)=$15,000; bad debt=$10,000.
This is an HOA community of 592 homes with annual assessment income in 2024 budgeted at $734,088.

** *** **