Thank you for your additional information and your kind patience,
You asked, "...It is my thought that they must treat people equally....right ?"
The Officers and the Board are charged with the responsibility of seeing that the Declarations, C,C, &Rs, By-Laws, and any other Rules that may be enacted from time to time are carried out and obeyed. They cannot enforce some Rules on some homeowners
while exepting other homeowners from the same Rules. Fines imposed for certain violations must be enforced in the same way, equally and not aritrarily here and there.
First, the additional amount of $200 should not have been included because they gave you until the 13th of May. They could clearly see that you had complied by the 13th of May and you had notified them before the 13th that the fine was incorrect. They did not have the right or the authority to increase the fine to $770 after you had laready complied.
Although I do not believe in bluffing, in this case, a little bluffing is very appropriate. You should notify them in writing that after speaking with several homowners about the fines beig imposed on the residents, it is your understanding that their fines were eliminated because they had complied with whatever it was that the Board had requested of these homeowers. Then, you can go a little further and say that all of the Rules, Regulations, Declarations, C,C & R, etc. prohibit the arbitrary enforcement of Rules and the imposition of Fines against certain homeowners and not others. Also that you hope that this situation can be amicably resolved, but you are prepared to protect your proprietary interests and prevent the unequal enforement of the community's Rules.
I understand that it is not a great amount, however, keep in mind that if you sued the HOA
, they would have to incur legal fees because they must have an Attorney representing the HOA in Court. Therefore, if youmake them believe that you are prepared to protect your rights by means of the Courts, they might be, should be more eager to negotiate a more reasonable settlement,
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