Real Estate Law
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Unfortunately, it is irrelevant what we think. You really need permission from the HOA on whether they will accept that. talk to your board and see if they will waive your HOA fees or provide some alternate methods to meet their requirements. I serve on my HOA board and we try to work with our residents on these issues.
Unfortunately you do. You can sue the manufacturer for your loss in small claims court. I do not know your HOA by laws but their typical remedies are fines, an injunction where they get a judge to order you to fix it or allow them to fix it at your expense. They can even put liens or seek foreclosure.
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