HOA choosing not to enforce multiple CC&R violations. Selective enforcement? Property values impacted. What are my options?
Asked on Aug 10th, 2015 on Real Estate - California
More details to this question:
Neighbor painted his house Dark Curry Yellow without applying for ARC approval. HOA CC&Rs require Architectural Review Committee approval prior to repainting. Our neighborhood color theme is pale southwest. I have attended the past 3 board meetings when this homeowner is discussed the president's comments "he is not from this country he does not understand". This homeowner served on the board with our current president. The president knows and likes him. I submitted written complaint (4mos ago) which included paint color, yard wall falling apart, large stump not removed, yard unsightly, and front windows no coverings and boxes/papers stacked to ceiling in view. No changes to date. As of today the board has not sent notice of any violation or request to repair/remove. Board has chosen to give him a pass on the color and save him the expense of repainting. We live in an affluent neighborhood. This house has impacted our property values. I was recently appointed to the Architectural Review Committee to impact future. Neighbors are very angry any advice would be appreciated. Thank you.
As a member of the HOA you have the ability to sue the association to seek to force them to comply with the CC&Rs. If you comply with the David-Stirling Act, which governs HOA's in California, you would also likely be entitled to recover attorney's fees from the association if you prevailed on your claim. Please feel free to contact if you would like to discuss.
Thanks,Jon
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