HOA Nut House

In a lawsuit, the homeowner would have to convince the court that selective enforcement has occurred.
Has anyone seen any successful suits against HOAs for selective enforcement? How has it been proven? Of course the HOA wants to CYA whenever possible, hence the requirement for written complaints. It also gives them the time to think up excuses and strategize.

This is a site for the homeowners or at least in my opinion. Your board should have a managment company to take care of that stuff.

I am a homeowner in the subdiviion in question and I am on the all volunteer board of directors as well as the president.

Not sure if a written complaint policy will protect you from a "selective enforcement" lawsuit, but it will certainly reduce the number of spurious complaints if folks have to make specific references to the rules, provide necessary evidence/documentation, and due so with attribution.

Don't look for the answers here. Do the research yourself. I'm so tired of people asking, "Can we do this?" or "how do we go about this?" or "Is this ok". Don't ask us do the work yourself.

Being that you are on the BOD you have that information available to you to answer your own questions. You are asking the people whom you either don't beileve and aren't members of your hoa for legal questions.

LOOK IT UP or ask your attorney!

I LIVE IN A 97 UNIT P.U.D. IN ANAHEIM, CA. THE MANAGEMENT CO. AND BOD ARE MOSTLY WOMEN, OF WHICH NONE OF THEM HAVE CONSTRUCTION EXPERIENCE. THEY REFUSE TODO MAINTAINANCE, NOW I AM IN A LAWSUIT WITH THEM, I HAVE SPENT 10.000.00 AND HAVE GOT NOTHING TO SHOW FOR THE MONEY SPENT. WE WENT TO ARBITRATION THEY CAME UP WITH SOME B.S. FINES, I PAID THE FIRST PART OF FINE 1.000.00. THEY WE'RE TO BEGIN THE MAINTAINANCE ISSUES, I HAVE NOT HEARD FROM ANYONE. AND THEY HAVE DONE NOTHING TOWARDS OUR AGGREEMENT. IT SEEMS THAT THEY ARE ABOVE THE LAW, AND ANSWER TO KNOWONE. THIS WAS A COURT ORDERED SETTLEMENT, DATED MAY 30,2008AND TO THIS DAY I HAVE NO ANSWERS.