Question:
Selective Enforcement- HOA is requesting we submit an ACC approval for the installation of tree rings in our yard. The neighbor across the sheet was not required to submit and neither was my neighbor who has the same wall connecting to ours. Their wall was being done by the same contractor at the same time. However they are only targeting me. We have explained and written them asking for an explanation and have not received a response. What should we do sue in small claims or submit for Approval. We know we are targeted and expect to be denied. We are black and our neighbors are not.
– Nora
Answer:
Hi Nora,
Kindly review the governing documents to verify the community’s architectural approval procedures and architectural guidelines. If tree rings require approval, it may be wise to submit an architectural request first and follow the HOA’s procedures. However, if the HOA is selectively enforcing this rule, you may request it to enforce the same approval requirements on other neighbors.
If the conflict persists and you believe there has been selective enforcement, you may use alternative dispute resolution to resolve the issue. If that does not resolve the issue, you may opt to remove the problem board member(s) from their positions according to the procedure outlined in the governing documents. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
