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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2170
Experience:  Practicing Attorney with 10 years experience
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I have a business that i ran out of the house - the

Customer Question

i have a business that i ran out of the house - the homeowners association gave me a violation notice saying that my 'commercial' vehicle wasn't allowed to be parked in my driveway - i was to move it or legal action would commence. i did research and found that there were conflicting definitions of commercial vehicles in the resolutions - after i pointed that out i didn't meet the definition of the commercial vehicle under one resolution but was considered a commercial vehicle under another resolution - they said they would get back to me. two years later - they issued the same violation - having modified the resolutions so that they were consistent and said that i needed to remove my commercial vehicle from my house. i complied and moved my business from the home based business to a commercial space. i am concerned that there are still commercial vehicles in the neighborhood parked in driveways while i was threatened to move under the penalty of legal action. this first started four years ago - and i moved the vehicle and my business a little over two years ago. do i have any recourse in this matter of what appears to be selective enforcement of the homeowners association resolution. i live in northern virginia.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Asad Rahman replied 1 year ago.
I am sorry to hear about your situation. I actually serve on my HOA Board. Unless you can prove that the selective enforcement is for a discriminatory reason.
Expert:  Asad Rahman replied 1 year ago.

Let me know if you have additional questions otherwise a positive rating is appreciated.

Customer: replied 1 year ago.
I am confused with your response - are you saying that if have no recourse? Wouldn't it be discriminatory if there are still commercial vehicles in the neighborhood that were there before I was forced to move my vehicle and the same vehicles are still in the neighborhood in violation of the same resolution?
Expert:  Asad Rahman replied 1 year ago.

I am not seeing a strong legal case here unless you can prove they are doing this for some sort of discriminatory reason.

Customer: replied 1 year ago.
To be clear - the HOA and Board of Directors can intimidate and arbitrarily enforce the resolutions and by-laws of the neighborhood on particular/select homeowners - thereby causing them tens of thousands of dollars in expenses while other homeowners can consistently violate the identical resolutions?What would constitute discrimination?
Expert:  Asad Rahman replied 1 year ago.

I am not saying that. I am saying you need to have some motive to claim i.e. they are discriminating you because of race etc.