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My HOA is constantly coming to our door to tell us that we

Customer Question
will be fineasier if we...
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: 2 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
8/29/2015
Real Estate Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,534
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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?

.

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

.

.

thanks

Barrister

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Customer reply replied 2 years 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 reply replied 2 years 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.
Real Estate Lawyer: Barrister, Lawyer replied 2 years 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.

.

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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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,534
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Experience: 17 years real estate, Realtor. Landlord 26 years

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