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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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Can you sue an HOA for harassement & discrimination And if

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<p>Can you sue an HOA for harassement & discrimination ? And if so what are the criterias one needs to prove in such a case Basically the dispute is for the Colors I used to paint my house, colors that are used for other neighbors for more than a year, however in my case they don't allow those colors and they are giving me 30 days to comply, I request a copy of the complaint against others however not answer was received. There is the question how come, some rules apply to me and not to others??</p><p>Last corresponce February 25, 2011<br />  </p><p>Re:      Violation of Declaration of Covenants, Conditions, Restrictions and Easements of Bloomingdale-DD</p><p> </p><p>Thanks for the approval of my application of colors, (Exterior / Sherwin Williams 6203/6082), however the distribution that you are proposing is the opposite. (6082 Cobble Brown is for the body and the 6203 Spare White is for the Trims.) as many other houses in the neighborhood, see attached doc, exhibit B, F, G for example.</p><p> </p><p><br /><br />* Please note that I did not receive the official approval form from DD BLOOMINGDALE COVE HOMEOWNERS ASSOCIATION, as specified in the document (PLEASE ALLOW UP TO 30 DAYS TO RECEIVE AN APPROVAL FROM THE ARCHITECTURAL COMMITTEE). I still have not received an official response even though my original request was submitted in April 2010 and my second request was sent January 10, 2011. However the only reply I received was from xxxxxx Attorneys at law on February 23, 2011 (45 days after my second request with the colors required by the association).</p><p> </p><p> </p><p> </p>
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

For some reason that's beyond me, your question came out hard to read.

 

Can you tell me, did you ask for permission re: your color choice before painting? Did you already paint? Is there anything about paint colors in your rules, bylaws, or covenants?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

Customer: replied 3 years ago.
  • Yes I ask for permission before painting, however the reply took then 8 months
  • Yes is already painted
  • Yes by rule they have a set off colors by the covenants, I select SW/6082 Cobble Brown for the Body of the house and SW/6203 Spare White for the Trim.

The issue now is because they want me to change the color to:

SW/6203 Spare White for the body & SW/6082 Cobble Brown for the Trim.

 

In the list of colors they send me to choose from this choices appear like yhis:

SW/6082 Cobble Brown Accent

SW/6203 Spare White Body & Trim

 

Note that many houses in same community have same patterns I am using, houses paints years before my.

 

 

Expert:  Jane Doe Deer replied 3 years ago.

As you know, I can't give you legal advice here, but I can give you information.

 

First off, you can only sue for discrimination if you're a victim of ILLEGAL discrimination. That is the type of discrimination based on such factors as sex, race, national origin, disability, etc. - in other words, you would have had to be treated differently BECAUSE you're a certain gender, race, etc. Can you give me more information about this?

 

Second, there are at least two ways to approach this. One is to sit back and wait until the HOA sues you. You can not only respond, but you can also file a counter-claim, and, of course, ask for attorneys fees and damages.

 

Another option is to sue the HOA, but it's unlikely (from what you told me so far) that you can prevail on harassment or discrimination. You could, however, ask for an injunction (restraining order) against the HOA, asking that they cease and desist in bothering you about the paint. It seems to me (from what you said) that the HOA's paint color choices/information is vague - that's there fault, not yours. It's also in your favor that you didn't receive a reply from the HOA within a reasonable amount of time.

 

FYI, for your convenience, here is a link to the state laws pertaining to HOA's:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0720/titl0720.htm&StatuteYear=2008&Title=%2D%3E2008%2D%3EChapter%20720

 

Going back to your question, it's unlikely that the HOA will provide information to you until the matter is filed in court, either by you or the HOA. Once it's in court, you can request anything that's relevant from the HOA, and they must comply or face court sanctions.

 

Again, I can't give you legal advice here, and I realize I've only heard your side of the story so far, but from what you've told me so far, your "side" is much stronger than the HOA's "side."

 

I hope that that helps you. Let's be sure to write back and forth some more if you have follow-up questions. You don't have to "accept" until you're completely satisfied with my answer(s)!

 

All my best,

 

Jane

Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
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