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Roger, Lawyer
Category: Real Estate Law
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If condo hoa laws have not been enforced in the past, can they

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If condo hoa laws have not been enforced in the past, can they suddenly decide to start enforcing them? Also, can you be charged to pay a fine for allegedly not cleaning up after your pet when the acqusation has been made by a annonymous witness?
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

You could have defenses to both of these citations. First, if the HOA has not enforced rules and then it begins to selectively enforce or only enforce the rules on certain members, this is illegal and you could claim that you are being singled out and that the laws should be found invalid because they are not being evenly applied to everyone. However, if the HOA just decides to enforce the laws against EVERYONE after not doing so, this is permissible as long as the laws are equally applied.

As for not cleaning up after a dog, if the witness is not willing to provide testimony about the incident then there's no proof that you did anything, and the fine should not be sustained. You have a right to confront your accuser and challenge the claims made. Thus, if you challenge the citation and there's no one on the other side to prove you did this, the fine should be dismissed.

IF the HOA refuses to take action on this, you would have the right to appeal the decision to your local court and get out of the politics of the HOA.
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