How to Fight Wrong Violation in HOA

Question:

I’m trying to figure out how to handle and respond to Matt the HOA president. He showed up at our house at 830-845 pm Friday night advising us that we had to remove our driveway that we just had installed that day.

Per him asphalt was not allowed in the neighborhood. Per the bylaws. And that no one else was using asphalt. I asked him for a copyof the bylaws and he advised I was smart enough to go look them up myself. They had not changed since 1977. He was intoxicated and had a drink in his head when he came to the house.

Number 12 of the bylaws.

No white chatwalk or driveways will be permitted. Materials may be brick, concrete or asphalt.

River graven may be used for walkways when compatible to design of residence.

– Curtis

 

Answer:

Hi Curtis,

If your CC&Rs or bylaws permit asphalt driveways, you should show this provision to your board or HOA president. The HOA cannot ask you to remove the driveway on the basis of a non-existent provision.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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