House Rules Spark Ticket Blitz

In the next decade, more than half of American homes will be part of a homeowners association. The concept is simple: members pay regular dues for things like upkeep of common areas, security and road maintenance.

But neighbors also have to follow rules set by the homeowners association and that's often where the problems begin, reports Smith in part three of her series on bad neighbors.

In the sleepy subdivision of Towne Park under the crystal blue Albuquerque, N.M., sky, a storm is brewing.

"Every member of my family has been harassed," says Towne Park resident Judi Richardson.

"We have a tyrant for our board president," adds fellow resident Scott Varner.

The hostility is aimed at the Towne Park Home Owners Association which some residents accuse of badgering them with petty violations and fines.

"People are continuously getting harassed about little things," Richardson says. "People leave their garage door open too long. You're gonna get a ticket for that."

"I was issued quite a few tickets during my father's funeral services because my guests were parking in the street," adds Dee Sanchez, another disgruntled resident.

The rules are extensive. There is no parking in the street overnight. No toys visible. No dandelions in the yard.

"Associations have personalities. Sometimes it's just a low-key, casual type of atmosphere. Live and let live. And everybody's happy," explains attorney Jordan Shifrin, who specializes in housing issues. "And sometimes they're run like dictatorships."

This is an opinion held by a group of angry homeowners in Towne Park, Smith reports.

The fines, which start at $15, can go to $25 and $50 with each additional violation; which has added up, in some cases, to hundreds and even thousands of dollars.

Pointing to a parked car slightly hanging over the curb, Richardson tells Smith, "This would be a violation. Even just by a few inches. You're, you're in the street here."

When asked what happens, Richardson says, "You get a violation. You get a ticket."

Board member Jim Busbee says the home association stands by the rules.

Referring to the parked car, Busbee says, "One way to avoid that is just don't do the things that collect tickets."

Do all homeowners agree to these rules before they move in, Smith asks?

"Absolutely," Busbee replies.

"We're committed to this thing, to keep the appearance of this place up. To keep the values of our homes at a decent level," Busbee says.

For better or worse, associations like Towne Park's have become a new level of local government.

"You have people that are elected volunteers," Shifrin says. "Homeowners just like themselves, who are completely uneducated and untrained for the job. And they're making decisions that probably have the most impact on people's day-to-day lives."

Some home associations have actually forced owners out of their homes over fines. In some states without due process and sometimes without warning.

In Illinois, you can be evicted from your home for violations, Shifrin says.

"I had a lien put on my house for yard violations because the sprinklers weren't working and the grass died," Sanchez tells Smith. "It was a pretty significant amount."

The Towne Park board says they are justified, if not obligated, to foreclose if someone is not paying what they owe.

"The people that pay their bills are being compelled to finance the deadbeats," Busbee says. "If they can't pay, they shouldn't have moved into this place."

Varner was so fed up with the harassment that he formed his own neighborhood organization, but getting neighbors to join the protest has been an uphill battle.

"There's a fear. There's a, a feeling of intimidation," Varner says. "There's a feeling of people are scared to go to the office and complain."

Busbee strongly disagrees: "I think it's the silliest thing I've heard this year."

And, clearly, not everyone in Towne Park is upset.

"I have gotten a ticket, too, because I had three little dandelions in my front yard. O.K. I got a ticket, big deal," says resident Jan Dodson. "If you've gotten one or two or three or four or five or six, doesn't that tell you that you're probably doing something that you shouldn't be?"

So, Towne Park remains divided, but the bottom line is: it is a beautiful place to live and folks would rather fight than move, Smith says.

"I love my house. Now I'm more determined than ever to stay here. I'm not going to let them push me out of here," Sanchez says.