Posts tagged HOA Violation
Facts About Selective Enforcement By an HOA
Facts About Selective Enforcement By an HOA

As a member of a Homeowners’ Association, you probably already know that your community’s governing documents include covenants, rules, and restrictions about how you can (and cannot) use your property. If you break these rules, the association may fine you or force you to comply. If you find yourself at the receiving end of an HOA punishment, you’ll need to know what your rights are.  This article will help you understand “selective enforcement” and how it applies to your homeowners’ association and the rules you have to follow.

Read More
EnforcementTamra Ferguson, Esq.Selective Enforcement, HOA Violation, HOA Rules, Discrimination
Fight Your HOA the Right Way—Or Else
Fight Your HOA the Right Way—Or Else

Today’s homeowner needs to know how to intelligently take on an HOA board if/when such a dispute may arise. As we will soon discuss, the mistaken judgment in pursuit of a claim against a homeowners' association could result in a five-figure legal bill. To assist if you are in such a problematic scenario, we will describe the three concepts you need to master before taking the fight to your homeowners' association: learning your association's CC&Rs, the relevant law regarding your dispute, and how to craftily pursue a resolution with your association's board.

Read More
Dispute ResolutionBrian K. Berman, Esq.Fines & Appeal Process, FHA Violation, HOA Violation, HOA Violation letter, HOA Problems
Is Your HOA Following the Law with its Enforcement Measures and Fine Policy?
Is Your HOA Following the Law with its Enforcement Measures and Fine Policy?

The enforcement mechanisms of a homeowners’ association may seem a bit arcane and obtuse, but they are important to understanding if either you or a fellow member is accused by the board of violating the rules. There are very specific duties, obligations, and procedures that the board of directors must follow. We will provide the full explanation you need to understand how and why your board of directors is permitted to assess a fine by addressing why associations are granted the power to enforce Bylaws, the necessary procedure to assess a penalty to enforce the rules, and what is considered a “reasonable” fine under the law.

Read More
EnforcementBrian K. Berman, Esq.Due Process, HOA Violation, HOA Fines