HOA Clash: The Systemic Risk in 43.6% of U.S. Homes and What It Means
A veteran firefighter's battle with his HOA over decorative hydrants exposes systemic property-rights tensions in 43.6% of U.S. homes. This case reveals fundame
When HOAs enforce rules arbitrarily, they create unquantified property risks that few buyers anticipate and that can fundamentally undermine the value…
A Las Vegas firefighter's battle with his homeowners association over vintage hydrants on his lawn exposes systemic property-rights tensions…
Attorney Chad Cummings, who specializes in HOA law and reviewed this case, notes that HOA boards misapply their own governing documents "with…
A Las Vegas firefighter's battle with his homeowners association over vintage hydrants on his lawn exposes systemic property-rights tensions affecting 43.6% of U.S. homes for sale. Brent Saba, a firefighter with over 30 years of service, discovered his HOA cited his three antique, nonoperational fire hydrants as "storage items" violating landscaping rules. The irony is stark: neighbors support the display, and Saba brought one hydrant home from Iraq where he served. The HOA first denied his approval application, then demanded an "architectural modification permit" for what are essentially garden decorations—highlighting how seemingly minor disputes can reveal fundamental power imbalances in American housing.
suburban community with uniform homes and identical landscaping
Attorney Chad Cummings, who specializes in HOA law and reviewed this case, notes that HOA boards misapply their own governing documents "with alarming frequency." When they stretch definitions like "storage" to cover yard decor, they set dangerous precedents that could ensnare garden statues, potted plants, birdbaths, and any form of personal landscape expression. Every homeowner in that community should be concerned about what appears to be arbitrary and targeted enforcement, Cummings warns. For Saba, legal pushback would be costly and prolonged—so much that "it is probably cheaper to move," a statement that reveals the economic reality many homeowners face when challenging HOA authority.
“When HOAs enforce rules arbitrarily, they create unquantified property risks that few buyers anticipate and that can fundamentally undermine the value proposition of homeownership.”
By the Numbers
HOA Penetration:43.6% of homes for sale in the U.S. are subject to a non-zero HOA fee, up from 41.9% last year, according to Realtor.com data.
Annual Growth: A 1.7 percentage point increase in one year reflects accelerating momentum toward regulated communities.
Tenure Before Citation: Saba displayed the hydrants for over a year before citation, showing conflicts can emerge long after purchase.
Professional Credentials: Saba has over 30 years in fire service, including deployment to Iraq, adding symbolic weight to his hydrant dispute.
Potential Legal Costs: HOA legal cases can range from $5,000 to $50,000 in attorney fees depending on complexity and duration.
Geographic Concentration: HOA prevalence exceeds 60% in newer Sun Belt markets like Nevada, Arizona, and Florida.
bar chart showing HOA growth trend from 2010 to 2026 with projections
Why It Matters
Why It Matters
This case transcends decorative hydrants to expose a fundamental tension in the single-family housing market: the balance between community control and individual property rights. HOAs, originally designed to maintain standards and protect property values, have evolved in many communities into micromanagement structures that can effectively rewrite rules mid-stream. When a board can reinterpret "storage" to include decorations, it essentially revises the contracts homeowners signed at purchase, creating legal uncertainty and financial risk.
The immediate winners are HOAs maintaining tight control, potentially preserving the aesthetic homogeneity that certain market segments actively seek. Developers also benefit, as HOAs enable maintained standards that can boost initial sale prices. The clear losers are owners like Saba, facing the choice between significant legal costs or abandoning their property. More broadly, this case could deter buyers who value personal expression, potentially affecting demand in strict-HOA communities and creating market segmentation.
In a context where 43.6% of homes have HOAs, this isn't a marginal issue but a systemic one affecting the liquidity, valuation, and transferability of a significant portion of U.S. housing stock. Arbitrary rule enforcement introduces an unquantified risk factor that buyers, lenders, and insurers must begin formally considering. As HOA penetration approaches half the market, these governance structures increasingly influence national housing dynamics, from affordability to consumer choice.
What This Means For You
If you're buying, selling, or living in property subject to an HOA, approach the governing documents (CC&Rs) not as bureaucratic paperwork but as fundamental risk assessment for your largest asset. These documents define what you can and cannot do with your property, and their interpretation can shift dramatically based on the current board's composition and philosophy.
1Read CC&Rs before making an offer, not after contract. Look for vague language like "storage," "properly maintained," "acceptable appearance," or "compatible with community character" that could be applied arbitrarily. Consider paying a specialized HOA attorney ($300-$800) for review.
2Thoroughly research the HOA's track record. Ask multiple neighbors about past conflicts, attend at least one board meeting to assess dynamics, and review meeting minutes from the past year. Check if the HOA has litigation history against homeowners.
3Budget for potential legal costs and fee increases. If you value property customization, assume challenging HOA decisions could cost thousands in attorney fees. Also, evaluate the HOA's financial health to anticipate fee increases affecting affordability.
4Document all HOA communications. If conflict arises, maintain written records of all interactions, requests, and responses. This will be crucial if you need to escalate legally.
5Consider title defense insurance or specific HOA dispute policies. Some insurers are beginning to offer products covering legal costs for HOA conflicts, though still niche.
homebuyer reviewing closing documents with specialized attorney
What To Watch Next
What To Watch Next
The upward trend in HOA prevalence will continue in the near to medium term, driven by new developments prioritizing uniformity and outsourcing community maintenance. However, watch if cases like Saba's spark significant regulatory backlash; states like Texas, Florida, and California might consider laws limiting HOA authority over non-structural and decorative elements.
Lawsuits over arbitrary enforcement will likely increase, setting legal precedents defining the boundaries of HOA power. Courts will begin confronting fundamental questions about how far HOAs can redefine contractual terms without due process. Realtor.com's HOA fee data for Q2 2026, due for release in June, will show if penetration exceeds 44%. Any significant jump could intensify legislative and media scrutiny over how that authority is exercised.
For developers, balancing control attractive to some buyers versus freedom attractive to others will become more crucial. We may see hybrid models emerge with more limited-scope HOAs. Mortgage lenders might also begin incorporating HOA risk assessments into their underwriting processes, especially for properties in communities with litigation history.
Practical operator takeaway: If you're a developer, consider creating more specific, less open-to-interpretation HOA documents. If you're a real estate agent, develop expertise in assessing HOA risks for clients—this will become a competitive differentiator. If you're a homeowner in an HOA, actively participate in board meetings or consider running to influence governance from within.
The Bottom Line
Brent Saba's conflict is a stark reminder that owning property in an HOA means ceding significant portions of the autonomy traditionally associated with private property ownership. With 43.6% of U.S. homes now subject to these rules—and the percentage rising—buyers must vet CC&Rs with the same seriousness as the home inspection and financial assessment. Watch if growing HOA prevalence drives increased demand for transparency, more robust appeal processes, and reasonable limits on HOA authority. Ultimately, not just your front yard but your equity and peace of mind may depend on how you navigate this evolving regulatory landscape.
