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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34272
Experience:  16 years real estate, Realtor. Landlord 26 years
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My HOA is suing me ornament they say violates the landscape

Customer Question

My HOA is suing me for an ornament they say violates the landscape guidelines, which it technically does. But I am being singled out after I questioned the fact that other homes with ornaments aren't being sued. Do I have any recourse?
Second question - packs of Javelinas - up to 30 - roam the gated community at night making it unsafe to go outside. Some people who come home from work after dark are unable to get into their homes and have to call for help from family or friends nearby to help scare them off. After 3 years of repeated requests to block their entry points no action has been taken. They also cause damage to yards / defecate everywhere. Is there any legal recourse particularly on the lack of providing a safe living environment? Thanks
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the HOA is suing you for a violation, but there are numerous other similar violations that are occurring with no punitive action, then you can counter sue them for retaliation and for "selective enforcement" which is a type of illegal discrimination. In order for a rule to be enforceable, it must be enforced equally against all the owners. The HOA doesn't get to pick and choose who they enforce the rule against.

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So you can get documentation of other violations of other owners to use as evidence in your counter suit against the HOA and sue them for damages to offset whatever they are suing you for..

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As for the javelinas, unless the Bylaws state that the HOA has a duty to prevent wildlife from entering the development, which I would highly doubt, then this is not something that they would be responsible for and is something that Animal Control would be more suited to address..

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thanks

Barrister

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