A lawyer with experience in these matters can help you draft a strong and appropriate letter.Ī second option is to go to an HOA meeting and raise the issue there. Be careful, though, as you don’t want to come across as paranoid or as having a grudge against someone in the community. If you are aware of any reason why you may be being targeted while others are not, include that in the letter as well. Your letter to the HOA should note those other properties and, if known, how long they have had their respective decks. However, what if several other homeowners have decks made of that same wood? The homeowners’ association might notify you that you are required to remove the deck. For example, imagine you build a deck without getting the appropriate HOA approval and the deck is made of a type of wood not permitted by the HOA rules. If you believe you have been unfairly targeted for violation of the rule, you can draft a (polite!) letter to the homeowners’ association outlining your case. First, determine whether the rule says what the association’s board says it does, and whether you did in fact violate that rule. If you do find yourself on the receiving end of a violation notice that you think is a selective enforcement of the rules, you have options. But, establishing such a waiver is difficult. If an HOA is inconsistent in its enforcement of a certain rule, it may have, in the eyes of the law, waived its right to enforce the rule in the future. Regardless of the applicable state laws, this “uniform enforcement” requirement should be included in the governing documents as well. Some states, such as Arizona, have laws that expressly require homeowners’ associations to enforce the rules uniformly while others, such as Colorado, do not, although in those states, the law generally recognizes an implied obligation to do so. ” It also means that HOAs have an obligation to enforce the rules consistently and fairly, for the good of the community. That means there must “be some rational relationship of the decision or rule to the safety and enjoyment of the.
The homeowners’ association cannot be “arbitrary and capricious” in its enforcement of the rules.
HOAs Must Enforce Community Rules Consistently and Fairly
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