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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34304
Experience:  16 years real estate, Realtor. Landlord 26 years
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My HOA is constantly coming to our door to tell us that we

Customer Question

My HOA is constantly coming to our door to tell us that we will be fineasier if we don't take down the Christmas lights of the roof. We already read the by laws and there is nothing in reference of any types of lights. The only thing is the garbage bins that need to be behind the gates. It this consideredition harassment?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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What are they basing their threat to fine you on?

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Is there some other rule that they are trying to stretch to cover the lights?

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thanks

Barrister

Customer: replied 1 year ago.
When we asked where on the bylaws was that covered, they provided a copy of the article that only talks about garbage bins.
Customer: replied 1 year ago.
The article they highlighted says "All refuse shall be kept in sanitary containers sealed from the view of any lot; the coBrainerd shall regularly be emptied and contents disposed of off the Property.
Expert:  Barrister replied 1 year ago.

Ok, then if they have no legal basis to require you to take the lights down, and there is nothing in the Bylaws or Covenants, Conditions and Restrictions, then they are simply out of luck and yes, this could be considered harassment because they have no legitimate reason for the communications.

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With that said, you could contact a local attorney and have him send them a "cease and desist" letter basically threatening to sue them for harassment if they continue their actions regarding the lights. That should do the trick, but if not, then you can actually sue them. In virtually every set of Bylaws I have seen, there is a clause that state that in a dispute with the HOA, the "prevailing party" is entitled to their reasonable legal costs, including attorney fees.

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So if your Bylaws are like most, then if you actually had to sue them, you can recover your costs of doing so..

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thanks

Barrister

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