OUR HOA DOES BASICALLY DOES WHATEVER IT WANTS; PROPERTY MGR NOR ATTORNEY STOPS THEM. UNFORTUNATELY I LEARNED THE WORST WAY. WE WERE NOTIFIED OUR DOOR COLOR WAS OUT OF COMPLIANCE. THE OLD ONE HAD ROTTED SO THIS WAS A REPLACEMENT DOOR. THE NOTICE ENAIL HAD IN THE SUBJ LINE VIOLATION 8.17 EXTERIOR MATERIALS AND COLOR. THE BODY OF EMAIL SAID DOOR COLOR OUT OF COMPLIANCE BUT THE DESCRIPTION OF 8.17 WAS NEVER GIVEN. WELL, 8.17 HAS TO DO WITH PREVENTION OF IMITATION BRICK AND LAVA ROCK. NOTHING MENTION ABOUT DOOR, COLOR, ETC.
FOUR WEEKS INTO IT, THE CHANGE THE VIOLATION TO ‘APPROVAL BY COMMITTEE.’ THIS READS IF YOU CHANGE YOUR FLOWER BED, YOU MUST SUBMIT PROFESSIONALLY PREPARED PLANS. ANY WAY, I SUBMIT A COLOR. THEY HAVE 15 DAYS TO APPROVE OR ITS APPROVED THEREOF. THE BOARD DID NOT MEET THE DEADLINE …. WE ARE NOW IN LITIGATION AND 15 DAYS IS 15 DAYS. THEY TOOK MORE THAN THAT. ANY ADVICE OTHER THAN MOVE? Lol
Since you’re already in litigation, you will need to back up all of your claims with evidence. Any supporting documents will help substantiate your claim. Find a lawyer who has experience dealing with HOA violations. They usually already know what to do. Best of luck to you!
Are you sure you want to sue your HOA? Based on my experience, suing makes everything worse. If you win, the HOA will need to pay damages, which it will probably take from your neighbors. If you go through with this, prepare to get the stinkeye from your neighbors…