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HOA removed mine and my neighbor hoses, that were neatly on…

Customer Question
HOA removed mine and...

HOA removed mine and my neighbor hoses, that were neatly on a holder. Because HOA says it was on common area in the open. Hoses cannot be seen unless you walk around the unit. The President of the HOA, however, has a wood burning table and patio furniture on the side of her unit which is common area. HOA cannot grant permission and expect us to remove the hoses, can they?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

It's in Orange County Ca

Lawyer's Assistant: Has any paperwork been filed?

What kind of papework

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A letter was sent by the HOA to residents stating that hoses could be removed. But, how can the HOA expect residents to follow rules if the President has patio furniture and and a wood burning table on the common area. If if th HOA does give permission, then the hoses should also be accetable

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
11/14/2017
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 8 months ago
Gerald-Esquire
Category: Real Estate Law
Satisfied Customers: 5,354
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 8 months ago
Are you still there?
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like the HOA may be engaging in "Selective Enforcement." Selective Enforcement is one of the most common ways that an HOA can violate the restrictions and the laws pertaining to their enforcement. If you can show selective enforcement you can sue the HOA to allow you the same privileges that they have granted others.

See:

http://communityassociations.net/avoid-the-dreaded-selective-enforcement-label/

https://www.echo-ca.org/article/fine-policies-hoas-how-be-reasonable-and-follow-california-law

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Real Estate Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

Sorry for the delay. It takes me a little time to type a complete answer. As a retired attorney my typing speed is not the fastest.

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Customer reply replied 8 months ago
How can selective enforcement be proven? What would I sue for? An attorney would want a retainer, right?
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 8 months ago

You can take pictures of the people where there are violations that continue and you can testify as to your knowledge. Plus once a suit is filed you can use "discovery" to obtain the documents from the HOA showing who receives vilation letters and who does not.

You would sue for a declaratory judgment allowing you to keep your hoses.

Yes an attorney will want a retainer, but the goal is NOT litigation, just sufficient leverage to negotiate a resolution. (Plus your costs.)

There is no guarantee this would work, but it is one of the main reasons HOAs lose lawsuits.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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Customer reply replied 8 months ago
Can the HOA claim there is no selective enforcing, all hoses were removed. I am stating that, the the board focus on these hoses and the President has patio furniture and fire burning table on the side of the unit that is considered common area. Another board member has lawn chairs in front of the entry to the unit. The board will claim that all hoses were removed, and there is no selective enforcing. I am saying they are using common area for their patio furniture, even though other resident use it.
Real Estate Lawyer: Gerald-Esquire, Lawyer replied 8 months ago
That will be their claim. Your claim is they allow others to violate rules and that they can't pick and choose which rules to enforce.
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