Selective Enforcement of HOA Board in Texas

Question:

I have a home where the developer planted ugly, shedding, destructive fast growing mexican sycamore trees in front of homes between our sidewalks and the street in tiny patches of land. They have started growing through the sidewalks causing substantial damage that they say the homeowners is responsible to repair. Our tree was destroyed by a garbage truch and removed. The HOA now says I must replace the tree with the same type of tree although other neighbors whose trees were removed have not had the same requirement placed upon them. The trees also create roots that damage yards and the shade has killed our grass before we had to reinstall sod to get a yard to grow after removal of the dead tree. Furthermore, the hoa does not require other owners to fix fallen down fences or replace ugly wire fences put up where wooden fences have fallen down due to rotten wood. The HOA simply says everyone must follow HOA rules to the letter despite their and the developer’s negligent choice of damaging trees, discrimination in enforcing the rules, harrassing homeowners, ignoring dangerous damage to sidewalks throughout the community, failure to repair entry gates, provide security guards, provide quality lawn service we pay for, and generally abuse the power afforded by owning most of the lots and voting power they enjoy. This hurts our property values and prevents the fundamental right to have our homes appear as instructed by arborists who say the trees must be removed to avoid continued dame. Can we sue the developer and HOA despite THEIR self-serving rules where the homeowner must repair their mistakes??

– Dale

 

Answer:

Hi Dale,

It sounds like your HOA is not enforcing the rules consistently. The HOA board has a duty to enforce the rules in a fair, uniform, and consistent manner. If there is selective enforcement, it can be argued that the rule is unenforceable. The first thing you should do is approach the HOA board and manager about it. If that does not work, you can take the case to court and argue selective enforcement.

Additionally, the HOA is generally responsible for repairing and maintaining properties that it owns. You will find which properties belong to the HOA by reviewing the community plat/map and the CC&Rs. The CC&Rs should also outline the maintenance responsibilities of the HOA and the homeowners. This will tell you which parts of the community the HOA is responsible for repairing or maintaining.

 

 

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

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