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I would absolutely take the board on. The board members don't get to base their actions on whether or not they like certain owners; nor do they get to selectively favor certain owners over other owners. The board members serve at the pleasure of the owners and have a fiduciary duty to all owners. Furthermore, while an HOA has the general right to enforce the restrictions in the CC&R's, there are two circumstances where this right is lost...i) where the restrictions have been ignored in the past, and/or ii) where the restrictions have been selectively enforced. If, in spite of the restrictions in the CC&R's, if there are other instances where the situation exists that should fall within the restriction, then one of the foregoing must have occurred, and thus the HOA cannot then legally enforce the restriction against you. To get this resolved and to prevent the imposition of additional fines piling up, I would pay the fine and then file suit in small claims court to recover the money.
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You're very welcome. The board can continue to impose fines. So, the best way to keep from having this escalate with fines piling up is to pay the fine and then remove the sign for now while you file your suit. Once you prevail in your suit, then put the sign back out.
You're very welcome Violet. It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.
Good morning. CC&R's are enforceable in New York; it just depends what your particular CC&R's provide. This would be under signage. Usually with regard to signage, there are restrictions as to placement, but not entirely prohibited. It would depend upon the specific language. But, again, no matter what they say, if they have waived them in the past and/or there are other owners that are being allowed to do these things, the board cannot then enforce them against you.