Real Estate Law
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Hello! I am a CA licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. The answer to your question is that they probably do not have the right to enforce this since other people have been violating the CCRs. According to a trusted source, “A homeowners association has a duty to enforce its governing documents. (Nahrstedt v. Lakeside Village Condominium Assoc.(1994) 8 Cal.4th 361, 373-374, 380-383.) The enforcement of CC&Rs must be "in good faith, not arbitrary or capricious, and by procedures which are fair and uniformly applied." (Liebler v. Point Loma Tennis Club (1995) 40 Cal.App.4th 1600, 1610; Nahrstedt, supra, 8 Cal.4th at p. 383; Cohen v. Kite Hill Community Assn. (1983) 142 Cal. App. 3d 642, 650-652.) A homeowner has discretion to in enforcing, but it has to be consistent with its financial obligation to the owners and the plain language of the rules. Accordingly, if they are targeting you for a violation having forgiven everyone else, then you may have a cause of action for breach of contract against them.
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