Introducing The HOA Malfeasance Report™ – Stories of HOA misconduct from around the country. Sponsored by the CIDA REPORT™.
HOA Detective™ | July 25, 2025: Today marks the inaugural edition of The HOA Malfeasance Report™, a monthly roundup of alarming HOA behavior uncovered nationwide. We spotlight troubling episodes of HOA overreach, financial exploitation, selective enforcement, and outright harassment. These are the stories that reveal how power concentrated in UNREGULATED volunteer boards can be wielded recklessly – sometimes turning neighbors against neighbors, and homes into battlefields.
In this first installment, we revisit well-documented cases involving punitive fines, jail time, and legal fallout – plus a recent development from the office of Florida State Rep Juan Carlos Porras (R-Miami).
These narratives expose a troubling pattern: when unchecked, HOAs can become threats to residents’ rights, finances, peace of mind, and the sanctity of their homes. We begin with this well-publicized case from where else? FLORIDA!
1. Brown Grass → Civil Suit → Jail: Florida homeowner jailed for a week.
Location: Creek View, Riverview, FL
Timeline: May 2025 to July 2025.
Victim: Irena Green
What began as a citation for a patch of brown grass (due to shade and drought restrictions) ballooned into a nightmare. The HOA added violations – dent in garage door, mailbox cleanliness, a commercial van in driveway – then pursued a contempt-of-court charge when homeowner Irena Green missed a court appearance, that Green claims she never knew about.
Arrested on May 23, 2025, she spent seven days in jail without bond. Irena’s plight then went viral: over a million views, thousands of outraged comments, and coverage on major outlets – You can’t make this sh*t up, folks!
In her defense, Ms. Green points out that her lawn is far from the only lawn in the HOA that was subpar by HOA standards, but as far as we know she is the only homeowner within the HOA who has received such harsh treatment, raising the question of selective enforcement, and thinly veiled racism considering that Ms. Green’s family are black Americans. https://www.wptv.com/us-news/housing/florida-mom-spent-a-week-in-jail-for-what-began-as-hoa-violations-involving-brown-grass
2. Trash‑Can Fine Trap: Retiree risks losing home over $38K in fines.
Location: Rotonda West, FL
Timeline: 2012 to June 2025 judgment
Victim: Catherine Gibson, 74 (Retired EMT)
Yes, Florida Again: Catherine Gibson, 74, faces a $38,452 lien after a $300 fine for a misplaced trash bin spiraled out of control. Additional citations included lattice panels and third-party parking. The HOA’s selective enforcement practices have left her seeking legal recourse. https://www.the-sun.com/news/14578236/retiree-faces-losing-home-hoa-fines-trash-can
3. Pocketing HOA Funds: Arrest of HOA board president.
Location: Miami‑Dade County, FL
Timeline: August 2022 to April 23, 2025
Offender: Roberto Montalvo JR, 63 (former HOA president)
YEP, Florida again! Roberto Montalvo Jr., an HOA board president, was arrested for misappropriating over $15,550 in HOA funds. His charges included paying for personal repairs and cutting unauthorized checks. Seems like a minor infraction compared to the other stories originating out of the Sunshine State, but it does beg the question: Is there actually something in that Florida swamp water?
https://www.miamidade.gov/global/release.page?Mduid_release=rel1745417711337675
4. Free Water, Fines & Governance Sabotage: Arizona HOA targets nonprofit act of kindness.
Location: Goodyear, AZ
Timeline: July 2025 emerging reports
Victim: David Martin, age unknown (concerned citizen/HOA member)
David Martin, who left out bottled water during a heatwave, was fined $650. His efforts to remove board members were overturned. He is now raising legal defense funds. https://nypost.com/2025/07/14/us-news/homeowner-fined-for-handing-out-free-water-now-raising-50k-for-legal-battle-with-hoa
This story hits home after listening to the stories from the Detective’s family matriarch about my compassionate grandmother who, during The Depression, would feed the hungry men who would wander up to her farmhouse looking for work, even though she could barely afford to feed her own family. I guess those days are long gone, at least in ARIZONA!
5. The fallout from the infamous Hammocks Community Association continues.
Location: Miami, FL
Timeline: March 2025
Offenders: Former Hammocks HOA president Marglli Gallego and her husband, Jose Antonio Gonzalez, as well as current president Monica Isabel Ghilardi, board member Myriam Arango Rodgers, and former board member Yoleidis Lopez Garcia. Ages unknown
No, this is not a broken record: Motivated by the infamous Hammocks HOA fraud and embezzlement case, Florida state Rep. Juan Carlos Porras (R-Miami) announced in March 2025 the filing of HB 983, legislation designed to reform Florida’s homeowners’ association by enhancing enforcement, improving transparency, and empowering residents with stronger rights. This is from a press release issued by Porras’s office:
“As Florida continues to grow, it is critical that our HOA system is fair, transparent, and accessible to all residents,” Porra said in a press release. “HB 983 introduces key reforms that address persistent challenges in HOA governance, ensuring that homeowners are protected from unfair practices and have a greater say in the communities they call home.”
https://www.ccfj.net/LEG25/LEGSESS25HB983StrengthHOA.html
Power Without Accountability: Three clear patterns emerge from these cases:
1. Escalation of trivial infractions to massive financial penalties.
2. Financial weaponization of unregulated, unchecked HOA authority.
3. Lack of oversight and transparency, which can be described as nothing less than GROSS NEGLIGENCE by lawmakers.
What You Can Do: A Homeowner’s Guide: If you are a member of a HOA and suspect malfeasance is afoot, rally your HOA brethren and take the following steps to enhance your chances of success when you are forced to push back against a tyrannical BOD:
- Save communications.
- Request official records.
- Get everything in writing!
- Remain level-headed and unemotional.
- Don’t take it personally, but do get MAD!
- Seek legal guidance.
- Attend ALL Board meetings.
- Join your HOA Board.
- Become a HOA decision-maker rather than a follower.
- Support legislative reform.
Because You’re Buying More Than a Home!
