Homeowners Association (HOA) board members and directors are meant to serve their communities by enforcing HOA rules, maintaining common areas, and ensuring that their neighborhoods remain a desirable place to live. However, a growing concern among homeowners is whether HOA board members should have the power to contact city authorities to have vehicles towed or residents arrested. This issue has become especially contentious in communities where HOA leaders have used their influence to pressure law enforcement into taking actions that may not be justified.
At the heart of this debate is the fact that HOA board members are private citizens and not government officials. They do not have law enforcement authority, yet some HOA leaders act as if they do—calling police, city officials, and even district attorneys to enforce what they personally believe to be violations of the law.
HOA Board Members: Private Citizens With No Government Authority
HOAs are private entities, and their board members are volunteers elected by homeowners to manage the community. Unlike law enforcement officers, city officials, or judges, HOA board members have no legal authority to issue citations, tow vehicles, or order the arrest of residents. Their power is limited to enforcing community bylaws and covenants, which apply only to those who live within the HOA’s jurisdiction.
However, some HOA leaders have abused their positions by directly contacting law enforcement and city officials in an attempt to control or retaliate against residents. This raises serious ethical and legal questions about whether they are overstepping their authority.
The Case of Chris Orrell: HOA President Contacts DA’s Office
One of the most striking examples of an HOA leader attempting to exercise undue influence over law enforcement occurred when Chris Orrell, a former HOA president, allegedly contacted the Mobile County District Attorney’s Office to intervene in a dispute with a resident. This move raised alarms among homeowners, as it appeared that Orrell was using his personal connections and HOA position to pressure law enforcement into taking action against someone he had a dispute with.
An HOA president has no legal standing to demand legal action from the DA’s office. Prosecutors evaluate cases based on the law, not personal grievances from private citizens. This incident highlights how some HOA board members may wrongfully insert themselves into legal matters, potentially turning personal vendettas into criminal investigations.
Chuck Thuss & Michael Hites: The Towing & Arrest Incident
Another concerning case involved Chuck Thuss, a former Wynnfield HOA president, and Michael Hites, a current HOA director. Reports indicate that both individuals repeatedly contacted the City of Mobile and law enforcement officials in an attempt to have a resident’s vehicle towed and the resident arrested.
The vehicle in question was parked legally on a public city street, yet Hites and Thuss allegedly bombarded city officials with calls and emails, pressuring them to take action. They even escalated their efforts to the mayor’s office and City Council representatives.
In the end, their persistence reportedly led to the vehicle being towed and the resident being arrested. This raises troubling questions:
- Did law enforcement act independently, or were they pressured by HOA officials?
- Was the towing and arrest legally justified, or was it an abuse of power?
- Why were private HOA board members involved in law enforcement decisions at all?
If the vehicle was legally parked, then this would indicate that HOA officials successfully manipulated city authorities into targeting a resident for reasons beyond legal violations. This sets a dangerous precedent where HOA leaders could weaponize city services against residents they dislike or have personal conflicts with.
The Dangers of HOAs Acting as Law Enforcement
- HOA Board Members Lack Training & Legal Knowledge
Unlike police officers or government officials, HOA board members have no legal training in criminal law, parking regulations, or due process. Allowing them to influence law enforcement decisions could lead to wrongful arrests, illegal towing, and abuse of power. - Selective Enforcement & Personal Vendettas
If HOA board members can have vehicles towed or residents arrested, it creates an opportunity for selective enforcement. They could target residents they dislike while ignoring violations committed by their friends. - Potential for Harassment & Intimidation
Cases like the one involving Chris Orrell, Chuck Thuss, and Michael Hites suggest that some HOA leaders may use city services to harass or intimidate residents rather than to uphold legitimate rules. This can create a hostile living environment. - Erosion of Trust in Law Enforcement
If police and city officials act on the complaints of HOA leaders without verifying facts, it damages trust between residents and law enforcement. No one should have to fear being arrested or having their vehicle towed just because they upset an HOA board member.
What Should Be Done?
- City Officials & Law Enforcement Should Set Clear Boundaries
Law enforcement should treat HOA board members as they would any other private citizen. Complaints should be evaluated based on evidence, not persistent demands from HOA leaders. - Residents Should Know Their Rights
If an HOA board member contacts the city to tow your vehicle or have you arrested, demand written documentation of any legal violations. If you suspect an abuse of power, consider contacting an attorney or local advocacy group. - HOAs Should Be Held Accountable for Misuse of Authority
If HOA board members are found to have pressured city officials into wrongful actions, they should be investigated for harassment and abuse of power. Communities should consider voting out leaders who misuse their influence.
Conclusion: HOAs Should Not Be Above the Law
While HOAs have the authority to enforce community rules, they do not have the power to act as law enforcement. Cases involving Chris Orrell, Chuck Thuss, and Michael Hites demonstrate the risks of HOA leaders overstepping their authority, turning personal grievances into legal actions against residents.
Residents should remain vigilant and push back against HOA abuses, ensuring that law enforcement operates independently and that no private citizen—no matter their title—can manipulate city authorities for personal gain.