HOA Detective™ | July 1, 2025: As a young HOA Detective™, I grew up playing a game we called “Teg-War” (TGWAR). It wasn’t something you could find in a rulebook or on a playground map – TGWAR was a shape-shifting challenge invented in the imaginations of neighborhood kids, designed with one simple goal: to bewilder the newcomers in the neighborhood.
Agreed Upon Chaos: Whether we played TGWAR as a chaotic version of a card game, a twisted round of kickball, or a bizarre take on baseball, the rules were never fixed. In fact, the only real rule was that the rules could change at any moment – and they did, at the whim of the self-appointed ringleaders. For the wide-eyed newcomer on the block, nothing was more confusing or infuriating than being told, mid-game, that “actually, that’s a foul now,” or “sorry, that base doesn’t count today.” Every time one of the insiders declared a new rule, the rest of the group eagerly agreed, confirming to the unsuspecting mark that these were indeed the rules everyone else knew.
For the poor kid caught in this cruel charade, the frustration could quickly spiral into tears. The game was never fair, never consistent, and the longer it went on, the clearer it became: TGWAR was about making sure the newcomer could never win.
Adult Version of TGWAR: Fast forward to adulthood, and the sad truth is that TGWAR isn’t left behind on the schoolyard. In the world of homeowner association (HOA) governance and management, TGWAR thrives with a maturity and viciousness that make childhood versions look quaint. Boards of Directors and management companies (Mancos) often engage in this adult version of TGWAR –
intentionally or not – creating a game with ever-changing interpretations of the rules. Just like in the childhood game, those not in the inner circle – the ordinary homeowners – are left disoriented, frustrated, and too often defeated.
Prospective buyers, you ask? Buyers be damned!
A Grown-Up Version of TGWAR: In the adult world of HOAs, the Declaration (CC&Rs), Bylaws, Rules & Regulations, and occasional state law comprise the rulebook The Board and managers are supposed to follow. But like the childhood game of TGWAR, some Association boards and managers seem to make up the rules as they go along with self-serving and incorrect interpretations or selective application of statutes or the governing documents. When not blatantly interpreting the rules, they simply ignored them! The result can be aggravating at the very least, but they can also border on improper use of power when select homeowners face inconsistent fines, uneven rule enforcement, surprise assessments, and Orwellian complaint processes.
Boards that interpret state laws or the Association bylaws to suit their needs often leave a trail of evidence in the meeting minutes that makes them sound as if they are authorities on matters of law. Aided and abetted by management, the ring-leaders in HOA TGWAR rearrange or ignore the rules, which appear to shift like sand beneath unwary HOA members’ feet.
Why HOA TGWAR Persists: HOAs are particularly vulnerable to TGWAR dynamics for three reasons:
1. Asymmetry of Knowledge – Homeowners are rarely experts in interpreting governing documents. They rely on the Board or management for guidance, but when those in power twist or selectively enforce the rules, homeowners often don’t realize they’re victims of TGWAR until it’s too late.
2. Perverse Incentives – Boards, especially those who believe they are the community’s elite, may prefer ambiguity. Management companies, whose contracts often depend on keeping the Board of Directors content, may enable this behavior by interpreting rules to the Board’s advantage or avoiding conflicts that could jeopardize their account.
3. Weak Oversight – Many states have limited statutory protections for homeowners or lack effective enforcement mechanisms for HOA misconduct. Even where laws exist, pursuing a claim can require expensive, time-consuming legal action, effectively silencing most residents.
Financial and Emotional Toll of HOA TGWAR: The child who becomes caught in a playground version of TGWAR might cry and run home for the comfort of his Xbox. The adult homeowner who finds themself in the crossfire of HOA TGWAR experiences a subtler, but more corrosive frustration and helplessness with nowhere to turn for help that costs money. Victims of HOA TGWAR may experience:
- Arbitrary fines.
- Threats of liens or foreclosure.
- Constant stress from rule changes that seem tailor-made to target them.
- Spending their own money to pay for legal counsel.
Worst-Case Scenarios: TGWAR creates division within the community when neighbors are pitted against each other, while rumors swirl through the neighborhood, until trust in the Association leadership erodes entirely.
Common Versions of HOA TGWAR: Perhaps the most common forms of TGWAR played by HOA leaders and decision-makers are the following:
- Ignoring the rules and laws altogether.
- Selective application of the rules and laws.
- Misinterpreting the rules and laws.
- Ignoring deadlines imposed under the bylaws or statutes, effectively achieving partial compliance.
In some instances, the HOA may appear to be following the rules at first glance, but the lack of timely execution negates the impact of the rule.
For example, completing the annual CPA audit or review of the financial statement 2 or 3 years after the deadline established under the statute or the Association’s own bylaws!
Or updating the Association’s reserve study every few years or when the Board feels an update is warranted. Yes, the Association is following the rule that requires an RS to be conducted, but no, the Association is NOT in compliance with the requirement for updating the RS every year – HOA TGWAR at its best.
Who Benefits from TGWAR: The winners of this game are always the insiders –
Board members who want power without accountability and Mancos that profit from chaos or exploit rule ambiguities to sell additional services.
The Losers? Ordinary homeowners, who end up paying the price both emotionally and financially, and MOST especially prospective buyers, and sellers who may end up taking the worst of things when negotiating a deal to sell a home.
Breaking the Cycle of TGWAR: HOA members who suspect their community is playing TGWAR can take steps to reclaim fairness and transparency:
- Demand Written Communication: Request Board decisions and interpretations in writing, citing the specific governing document provisions they rely upon. Documented answers are harder to manipulate. Get it in writing from the Board and Manco – in so doing, you are letting it be known that someone is paying attention.
- Organize and Educate: Connect with neighbors. Many owners may share your concerns, but feel isolated. Collective knowledge and numbers can help hold leadership accountable.
- Use Your Rights: Exercise your right to inspect HOA records, attend meetings, and vote in elections. Running for the board yourself or recruiting candidates who value fairness can change the game.
- Seek Outside Help: Consult independent experts familiar with HOA governance. A reputable reserve study provider, attorney, or advocacy organization can offer unbiased advice and identify rule misapplications.
Conclusion: Rules are for everyone. In childhood TGWAR, the game ended when kids got bored or the poor newbie started for home in tears. In HOAs, the game can continue for years, draining homeowners’ time, money, and peace of mind. The solution is not necessarily more rules – the solution is enforcement and better compliance with the rules that already exist, with clear communication and consistent application. When rules are stable, transparent, and applied fairly, everyone wins, and TGWAR loses its appeal.
So, remember, if the rules of your HOA seem to keep changing every time you think you’ve learned them, or they are misinterpreted for the benefit of select insiders, you might be caught in a game of HOA TGWAR.
Because You’re Buying More Than a Home!
