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We are supposed to maintain appearance standards in my HOA…

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We are supposed to maintain...
We are supposed to maintain appearance standards in my HOA and they are being violated. What do I do?
Submitted: 2 years ago.Category: Real Estate Law
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Answered in 38 minutes by:
5/29/2015
Real Estate Lawyer: TJ, Esq., Attorney replied 2 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,666
Experience: JD, MBA
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Hello, and thank you for allowing me to assist you. My name is ***** ***** I'll do my best to answer your legal questions.
If a neighbor is violating the bylaws or declaration, then you must first inform the HOA, in writing, and ask that the bylaws/declaration be enforced against the neighbor. The HOA will hopefully take action. If the HOA refuses, then you can do one of three things: (1) Sue the neighbor for violating the bylaws/declaration, and ask a judge to order the neighbor to comply, (2) sue the HOA and ask a judge to order the HOA to enforce the bylaws/declaration against the neighbor, or (3) replace the HOA board/officers with people who will enforce the bylaws/declaration. You would replace them by a vote at the next election.
The third option is certainly the least complicated, and will be the least expensive. If you opt to sue, then you will need to pay for your own attorney. Moreover, there is the risk that you will lose the lawsuit. Accordingly, my suggestion would be to go with the third option.
In sum, if I were in your shoes, I would first complain to the HOA (in writing), and if nothing is done, then I would vote for new board members who will promise to enforce the standards.
Does that answer your question? Please let me know if you need any clarification. Thank you.
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TJ, Esq.
TJ, Esq.
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