A Las Vegas military veteran and firefighter is in a battle with his homeowners association over vintage fire hydrants on decorative display in front of his home.
Brent Saba, a longtime firefighter and fire inspector, was cited by his HOA last week for displaying three antique, nonoperational fire hydrants, local NBC affiliate KNSV-TV reported.
Even though he's had the hydrants on display since he moved into the neighborhood more than a year ago, he recently received a letter from the Antelope HOA stating that the hydrants violated HOA rules.
"Please remove all storage items in the front and side yard landscape. This is for the 3 Fire Hydrants you have in the rocks and patio. The association believes this matter is not in compliance with the governing documents, which are in place to ensure residents maintain their homes and properties well," the letter stated.
The HOA cited the following rule: "Section 11 - Yard and Landscape: Landscaping must be neatly trimmed, properly cultivated, and continuously maintained."
As Saba showed his fire hydrants to KNSV-TV, he said: “This hydrant right here, I brought this fire hydrant home from Iraq. I served over in Iraq for about a year, year and a half or so. So that one there was a special piece."
Saba continued: “How are they going to tell the guy with over 30 years in the fire service, 'you got to get rid of your fire hydrants'? I mean, it's not like it's clutter. It's not like it's defacing anything. I mean ... my neighbors all even think it looks good."
Saba told the local NBC affiliate that the HOA told him he needed to apply for approval to keep the hydrants in place, which he did. But his application, with written comments from neighbors supporting the display, was still denied.
He said the HOA then told him he'd have to apply for an "architectural modification permit."
"Well, No. 1, this isn't architectural," said Saba. "These are just items to display. That's all they are."
Saba told KNSV-TV that he later received a text message from the HOA saying that additional approval may be required from the actual homeowner—which he called "the last straw."
Now he's contemplating moving.
"This is supposed to be a free country," he said. "And as long as it's not in the way, it's not hurting anybody, what's the harm?"
But he said, "I'm not going to go down without a fight."
Realtor.com® reached out to Saba and the Antelope HOA for comment and did not hear back.
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A lawyer's take on the HOA battle
Attorney Chad Cummings with Cummings & Cummings Law, who has reviewed the situation, tells Realtor.com: "HOA boards misapply their own governing documents all the time, and this case is a textbook example. The board cited a rule about 'storage items' to regulate what are decorative display pieces. That distinction matters."
If the board stretches the definition of "storage" to cover three fire hydrants used as yard decor, it has created a precedent that captures garden statues, potted planters, and birdbaths in the same net, Cummings says.
"Every homeowner in that community should be paying attention to what is likely an example of arbitrary and targeted enforcement," he says.
Although Saba can hire an attorney and push back, Cummings says doing so will require time and expense.
"It is not an exaggeration to say it is probably cheaper to move," he says.
The share of homes for sale in the U.S. that are subject to a non-zero HOA fee reached 43.6%, up from 41.9% last year, according to Realtor.com research.
But in Cummings’ view, this case highlights the risks of HOA authority.
According to Cummings, HOA boards operate with near-sovereign authority over property rights that most owners or renters do not understand, because they did not read the CC&Rs or rules and regulations prior to closing or signing a lease.
"Most homeowners I represent are shocked and dismayed to find out exactly how much control HOAs and their board members have over homeowners once a dispute arises," he says.
Julie Taylor is a reporter for Realtor.com. She was most recently a writer and co-executive producer on “The Talk” where she won two Daytime Emmy Awards. A member of the Writers Guild of America, Julie has written for Cosmopolitan, Glamour, and Redbook magazines and is the author of six books. Julie earned a B.A. in magazine journalism from the University of Central Oklahoma. After two decades in New York City and Los Angeles, she recently relocated to the Midwest.
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