HOA's Selective Enforcement

Previous | Next
 rated by 0 users
Latest post 02-22-2007 12:30 PM by adjuster jack. 6 replies.
  • 02-21-2007 6:42 PM

    • napamac
      Consumer
    • Not Ranked
    • Joined on 02-21-2007
    • Posts 5

    HOA's Selective Enforcement

    The issue is regarding the parking space policy established by the developer 19 years ago, to accomodate vistors and trades personnel.

    However, at least one of the original owners has always parked in the visitor spaces (without any notice of violation) nearly everyday because it's easier than walking out to the street.

    But since I moved in and also use a space in front of my home, I am being called out for not following the rules.

    I call this "selective enforcement". . .

    One owner can not park in the vistors parking spaces but another can . . .

    Any guidance would be appreciated.
  • 02-21-2007 6:59 PM In reply to

    re: HOA's Selective Enforcement

    Not sure what to tell you except to address this next time an HOA has a meeting, vote out the board who is "selectively" enforcing the rules, etc.

  • 02-21-2007 7:09 PM In reply to

    • napamac
      Consumer
    • Not Ranked
    • Joined on 02-21-2007
    • Posts 5

    re: HOA's Selective Enforcement

    I guess the question is . . .

    Can there be any enforcement when there is inconsistant selective enforcement of any rules?
  • 02-22-2007 9:31 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,948

    re: HOA's Selective Enforcement

    Laymans take:

    Very likey selective enforcement is not actionable on a practical level--unless its for sex or age os something that would put HOA in a bad light, otherwise just vote in a new board.

    Youd need to review your HOA/CC&R with counsel familiar with HOA issues to see if you can get an order mandamus to make them enforce--I doubt its cheap or practical even if possible.

    Hey, each and evey time youhave a visitor over to your place, if that place is open , why not have your visitor use said place?

    I suppose you mean that resident uses that place so as to effectively deny its practical use for others. Does she have more that one vehicle?

    If she has a bonafide handicap--why not redesignate the visitor spot as her spot and open up her prior spot as visitor?



  • 02-22-2007 10:54 AM In reply to

    • napamac
      Consumer
    • Not Ranked
    • Joined on 02-21-2007
    • Posts 5

    re: HOA's Selective Enforcement

    Actually, it is a 2 car family and the garage is not usable as the angle of the entry scrapes the cars. So, the vistor space is used often thruout the day or the car is parked in front of the garage.

    But more importantly, nothing is being said to the other owners who park every day in the vistor spaces. So, how can the HOA enforce the parking issue at all? Unless it is done for everyone. . .
  • 02-22-2007 12:30 PM In reply to

    re: HOA's Selective Enforcement

    Simple.

    The HOA can enforce rules how it wants and when it wants and often does so with Gestapo like impunity.

    Unless you and other unhappy homeowners are willing to make it to the meetings and vote out the board that's responsible for all this (meaning you get to volunteer to be on the board with the other unhappy homeowners), it's likely that this will keep on happening.

    At some point if you get fined and a lien gets put on your home you get to decide to pay the fine and grovel or pay an attorney 150-250 an hour.

    That's life in the HOA.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 02-24-2007 12:21 PM In reply to

    re: HOA's Selective Enforcement

    It is selective enforcement. Read your CC&R's--they probably say someplace in there something like, "Just because we didn't enforce this previously, or against that person, doesn't mean we can't or won't enforce it against you or others, now or whenever we want."
    And yes, it is part of living in an HOA.
    Run for the board, read your CCR's, get involved.

    since it's never been enforced--and maybe it was, one time--it may be not enforceable now, against that person. If that space is still common area, perhaps they should rent it. If the streets (including that area) have been turned over to the town/city, maybe you can get it enforced that way. Call your local zoning office to find out.

    It may be that no one's questioned it previously. Get a few other homeowners and get it changed. Maybe it's time for a review of the CC&R's and enforcing them.
    Do document, however. Take photos, etc.
Page 1 of 1 (7 items) | RSS

My Community

Community Membership New Users: Search Community