Does an HOA board have the right to pick and choose what rules to enforce in the CCR’S?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does an HOA board have the right to pick and choose what rules to enforce in the CCR’S?
We have lived in our home for 3 years. My husband drives a white truck with latter racks on it, no writing. The HOA has had us in and out of meetings for 2 years, saying it is a non-standard vehicle and cannot be parked in the community; they waive fines every time. They have allowed other vehicles to park here with magnets covering the writing, in which we have none. So do we have a leg to stand on or not? If they enforce one do they have to enforce them all?
Asked on June 13, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the laws of all states in this country, one's board of directors for a HOA is required to apply the recorded covenants, conditions and restrictions uniformally across the board as to all members of the association.
The board cannot legally pick and choose those that it wishes to enforce and not to. From what you have written, you have a factual and legal basis to contest the citation with respect to your husband's white vehicle versus other vehicles similar to his that are not cited.
I suggest that you consult with an attorney that practices law in the area of planned unit developments to assist you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.