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I am a Board member of a HOA with CCR's and House Rules. We

Customer Question
I am a Board member...
I am a Board member of a HOA with CCR's and House Rules. We have a renter in the neighborhood who is bringing a26 foot boat into the neighborhood to park while preparing his boat for fishing. He then brings his catch back into the neighborhood and parks again while he slices up the fish to sell commercially right out of his garage. We have a CCR and House Rule that says no boats parked in the neighborhood. He is fighting the association. Help.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Hawaii, on Maui
JA: Have you talked to a lawyer yet?
Customer: Our association has a lawyer we consult for legal issues. She stated that there was a conflict of interest in this case because she knows the renter personally and suggested we ask one of her partners to look at the case.
JA: Anything else you think the lawyer should know?
Customer: Boat parked, cutting up fish in garage on plastic tables and selling it out of his garage as a business. No commercial business can be conducted out of the homes is the other issue along with not having a kitchen that is health certified.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 1 year ago.Category: Real Estate Law
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Answered in 2 hours by:
6/21/2016
Real Estate Lawyer: Lucy, Esq., Lawyer replied 1 year ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,005
Experience: JA Mentor
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

The phrase "no boats parked in the neighborhood" really isn't open to interpretation. Hawaii Stat., Section 514B-104 allows an HOA to levy "reasonable fines" for violations of the bylaws, rules, and declaration. Check your bylaws to see whether fines are allowed. If not, you can pass a resolution to start charging fines for rule violations. There needs to be a procedure available for dispute resolution, and the owner needs to have the ability to dispute the fine.

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Real Estate Lawyer: Lucy, Esq., Lawyer replied 1 year ago

You're unfortunately not allowed to foreclose on a unit solely because of unpaid fines, but you can file a lawsuit against him to collect the monies owed. If the HOA's usual lawyer cannot do it, ask them to refer you to a colleague. Typically, a conflict of interest for one lawyer is imputed to the entire firm, so you do not have to use her partner.

Whether or not selling fish out of his home constitutes a business is more debatable than "no boats," but it sounds like he's also violating the rules for doing that. You can assess separate fines for that. You can also contact the city department of health. I'm sure they'd be interested to know that some guy is selling fish out of his front yard.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 31,005
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