HOA selectively enforcing rules

LaurenS1 (Nevada)
Posts: 8

Posted:

Hello everyone. I have lived in my condo for over 4 yrs. now. Throughout these four years I've gotten violations (bike on patio, items other than patio furniture, a satellite dish not in an approved area, a security camera installed without permission) that I see others violating, yet I am one of the few to receive violation letters. What options do I have to make sure the rules are enforced fairly? Let me explain what's been going on. On of my first violations was for a bike on the patio, under the rule that only patio furniture be allowed on the patio. I had one bike and kept in laying down, so it was invisible unless you walked all the way up to my patio and leaned over the railing of my patio. If that is the rule fine, but I saw other units with multiple bikes upright, a soccer goal on one patio, children's toys, a weight lifting set, ect. When I pointed this out the office manager said they got a notice as well. I went to every person that was in clear violation with this rule, and inquired as to whether they ever received such a notice; 95% said they had not. I told this to the office manager. His said "they could be lying". I then pointed out that the board fined those who did not comply (the soccer goal had been there 6 months at the time) so I highly doubted that all of these people would be paying $1000's in fines. He then said that he could not discuss anyone else's violations with me. I moved the bike promptly. A couple of mouths later the board decided to allow bikes, so I put my bike back on the patio, only to receive another violation. When I brought this up to the office manager he said that maybe I had too many bikes on the patio; I only had one. There's another issue with the satellite dish. We were told that our dish could not be fastened to the exterior at all, or be placed on something that sat on what is considered common grounds (right outside my patio). The only way we could get a signal was to hang it out a window, were it was bolted to the interior of my unit. The office manager approved it (I would think having a satellite attached to a tripod would look much better than having it sticking out a window that must always kept slightly open). Two weeks later I received a violation for it. When I went to the office manager he said it was an accident. I also pointed out that others had their dish either on concrete blocks located on common grounds, attached to the roof, and attached to the exterior of the building. Again I was told that he couldn't discuss that. I also asked the owners if they received a violation, again, no they did not. 3 years later, their satellites have not been moved. I was also told by the security guard that they would cut the cable wire if it was placed on common grounds. The next incident involved my moped. I woke up one morning to find my moped was gone. I contacted security and was told that it wasn't their problem. I eventually found my moped in the breezeway of another building, abandoned with ignition ripped out. It also has a violation ticket on it for no parking tags on it. I asked the security guard about and he said that he didn't know it was ours, while he had a smirk on his face the whole time. That's a flat out lie because he knocked on my door when they were repaving and asked me to move it. He also came out to make a report when a car hit it. I pointed out that it did have a parking sticker, he said that he knew but that it was placed in its designated location. There is no designated spot, as long as it's on the vehicle. I couldn't believe what I was hearing. When I demanded that there be some kind of disciplinary action towards the guard and expressed a suspicion that maybe he had something to do with it, the office manager yelled at me for voicing this suspicion with the police and told me that it was none of my business in regards to any disciplinary action taken against the guard. This incident led me to buy a security camera and mount it on my patio. I informed the office manager about it and he didn't object. A year later I receive a violation saying I didn't get approval for it. It said I needed to fill out a form for architectural changes. It's just two screws yet people have plants hanging from a hook on their patio, pictures hanging on the walls of their patio, that satellite attached to the exterior wall (not her patio),lights and decorations attached with nails, screws, hooks, etc. Again, my inquiries have confirmed that they did not get approval to hang things on their patio. This is getting ridiculous. I'm about to hire a lawyer over this. Does anyone have any advice? I will hire a lawyer if need be, but I'd rather avoid that given it's such an expensive route. There are other incidents as well, but This post is long enough. Thanks.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

you (and many others) are in violation of the covenants and restrictions

you (and many others) exceed the posted speed limit on the highway

you got violation notice(s)

you got a ticket

? what is the differemce ?

LaurenS1 (Nevada)
Posts: 8

Posted:

Yes, on some of the violations. The parking sticker on the moped and the bike violation once they approved bikes on the patio were not cases where I broke the rules. I don't have a problem abiding by the rules, as long as those rules are enforced on all residents. I don't deny that I did violate the rules on some occasions, which I fixed promptly. When I've continuously gotten violations, while others haven't, this, in my opinion boarders on harassment. I'm not asking to be treated special, I'm just asking that everyone be treated equally.

LaurenS1 (Nevada)
Posts: 8

Posted:

It's not as if they happened to catch me in violation, but didn't catch others violating rules (like a person that gets away with speeding because law enforcement didn't see it). Others have been in violation for years on the same issue.

LaurenS1 (Nevada)
Posts: 8

Posted:

Also wanted to point out that the parking stickers each have an identifying number which is registered to your unit. The security guard admitted that he saw the sticker, but because it was not on the windshield (this is not a rule) he decided to write up a violation. This proves that he knew whose moped it was, since he had to write the number down on the violation. So, when he told me he didn't know it was mine, he was lying.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Lauren,

As others pointed out, if others are in violation that is no excuse for you to be in violation. Selective enforcement is an argument that can be made, typically through the courts, but if you are in violation it doesn't allow you to remain in violation. Even if the judge or jury agrees that it is selective enforcement they may simply say one of the following:

1) It is selective enforcement but you are in violation and must bring the issue into compliance.

2) It is selective enforcement, the Association is instructed to issue violations to all members who are in violation and you must bring your violation into compliance.

3) It is selective enforcement, the Association is instructed to issue violations to all members who are in violation and once this is done, you must bring your issue into compliance.

Associations typically enforce violations in one of two ways. They inspect the entire neighborhood and issue violations on everyone or they wait for a complaint and then investigate the one issue.

Lets make the expectation that it is selective enforcement or that someone, for some reason, has an issue with you and constantly reports suspected violations to the Management company.

From what you posted, it appears to me that the real issue is that you are doing things based on what you see others are doing instead of doing things based on the governing documents and applicable laws.

For example: You see others with Satellite dishes mounted to common areas, so you figure you can also. However, the CC&Rs or rules/regulations may specify that this can only be done if prior permission is obtained.

From what you posted, you seem to want to try and comply with a prior approval requirement but are still making decisions based on what others have done vs. what is actually in your governing documents.

For example: You stated that you bought "a security camera and mount it on my patio. I informed the office manager about it and he didn't object." However, informing the office manager of something you have already done is not the same as requesting and obtaining prior approval. Typically, exterior changes are approved by a committee or the Board, not the office manager. Had you followed the process outlined in your governing documents, you wouldn't have received the violation letters a year later (I suspect that the committee did an inspection, saw the camera, checked the records and saw that you had no approval on file).

Yes, the office manager is partially to blame for not telling you to submit the proper paperwork for the Association to consider this exterior change. However, you are also at fault as, you should have checked your governing documents prior to installing the camera.

My suggestion is:

1) Get a complete copy of your governing documents (CC&Rs, Articles of Incorporation, Bylaws and any rules/regulations and resolutions adopted by the Board).

2) Read and understand your governing documents.

3) Prior to making exterior changes, submit a request as outlined within your governing documents. Use the fact that others in the development have the same or similar changes to their unit.

If your fighting a fine or violation, request a meeting before the Board. Explain that you desire to comply with the governing documents and thought you were. However, you have learned that you weren't actually following the proper procedure and, now that you know what the proper procedure is, you will make sure that you follow it (more flies with honey type of approach). Then ask that the fine be waived.

I know that this might not be what you wanted to hear.
I hope it helps,

Tim

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LaurenS1 on 10/05/2013 6:41 AM

The security guard admitted that he saw the sticker, but because it was not on the windshield (this is not a rule) he decided to write up a violation. This proves that he knew whose moped it was, since he had to write the number down on the violation.

I do understand your reasoning. However, that statement might not be a true statement.

All that proves is that the guard knew the moped had a sticker issued by the Association.
It doesn't prove that he had access to the records to see who the sticker was issued to.
It doesn't prove that, if he had access, that he bothered to take the time to look up who the sticker was issued to.

I bring this up so you can take a step back and see the issue from other perspectives. You may very well be correct that the individual was lying to you. However, it is also possible that he was telling you the truth.

It's best that when you make complaints that you simply stick to the facts and let the facts speak for themselves. If your drawing a conclusion from the facts then say that this is your impression of the issue based on the facts. This way, regardless of who is wrong and who is right, each side can save face (which can go a long way in resolving issues).

For example: Using the vehicle issue you described you could say the same thing one of two ways:

1) The guard said he didn't know who the vehicle belonged to. However, he admits to seeing a parking sticker so he is lying.

2) The guard said he didn't know who the vehicle belonged to. However, he admits to seeing a parking sticker. I would expect that the guard has access to look up who the parking sticker was issued to and that he would have done this. If my expectation is correct, I don't understand why the guard would say that they didn't know who owned the vehicle.

Both statements are saying the essentially the same thing. However, statement 2 not only allows you to save face if your expectation is incorrect, it also allows the company to save face if the guard did lie (as they can say, he could have determined who owned the vehicle and they will check into why the guard didn't do this).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Lauren

Tim said:

From what you posted, it appears to me that the real issue is that you are doing things based on what you see others are doing instead of doing things based on the governing documents and applicable laws.

Tough love here, but I agree with him.

JonD1
Posts: 2,350

Posted:

Lauren while I agree that the rules should be equally enforced that does not serve as a defense for your violations.

And YES the MC nor the Board should discuss violaions involving other units.

I would ask you whether you have written to the Board to make them aware of this, whether you have attended a Board meeting or meetings to discuss your issues, who who you have brought his up to oher than the MC?????

Does the MC and security issue the violations? Then perhaps you need o address this wih someone over THEM.

I would think by now in ligh of the "complications" you have found when dealing with the MC perhaps it is time to find another avenue with other people to address this. And perhaps for some reason they have an axe to grind wih you while giving you the big smile to your face.

Good luck.

LaurenS1 (Nevada)
Posts: 8

Posted:

I think you misunderstood me. I am not looking for an excuse as to why I should not be receiving violations. If I violated a rule, that is fine. Just enforce those rules fairly. I have never used the excuse that "they're doing it so I can". I've also never used the basis that "I refuse to comply until the rules are applied fairly". Anytime I've gotten a violation, I've fixed it that day. I regards to the satellite, I never placed it on common grounds or on the exterior. I followed the rules that governed where it could be placed, and when I could get a signal I went to the office manager to try a find a solution. The solution was to hang it out my window with it attached to the interior. He looked to make sure it was allowed and it was. Then a couple of weeks later I receive a violation for it (all violations are approved by the office manager, with his signature on them). How can you approve something and then violate me for it. He said it was a mistake. My point was that the logic of what looks distasteful is a little warped. They don't want satellite dishes on a tripod but they're ok with them hanging out windows. Also, I'm a little pissed that I have to keep my window constantly open but a board member was allowed to have his dish on the roof, and others had theirs bolted to the exterior, ect. I'm not saying "why can't I do that", I'm saying "enforce the rules on everyone". You also misunderstand me with the security camera. After my moped was damaged, I went to the office manager and said "I'm going to get a security camera since I now know that the security guards are here only to look after association property (this is what the office manager told me the security guards duties were). So, I did not put the camera up and then tell him. I went to him personally before hand. He was fine with it. Then a year later I get a violation for it, with his signature. Again, I have broken some rules, though never on the basis "they can do it so why can't I". I'm just tired of the selective ness in enforcing those rules. Thank you for your advice.

LaurenS1 (Nevada)
Posts: 8

Posted:

Let me clarify. In order to write a violation on a car, moped , etc. the security guard must look up who the vehicle belongs to and place such info in a log for the office. All vehicles are registered with the office and this info is placed in the data base, so they know whom it belongs to. The reason why the security guard has to look this info up and make note of it, is because someone could easily just remove the violation sticker on the car and claim they never received it. So, the violation is also made note of in a particular unit's file. In order to write a violation, the guard must check for a parking sticker and if there is one a) make sure that sticker is registered to that vehicle, and if there is not b) check to see which unit the car's registered to. Therefore, I can deduce that he knew whose moped it was. When I brought up this fact that I did have a sticker and it's number was registered to my unit, the office manager asked his secretary to look the number up. Lo and behold it came back to my unit.

AllisonD (Florida)
Posts: 449

Posted:

I can understand Lauren's point. You live somewhere, along with your neighbors, you develop relationships with them however superficial they may be; every time 10 people do the same thing wrong, you are the one who gets in trouble. I would start to wonder what is up too. You feel picked on. Yea, maybe the answer is just never do anything wrong, but that is not what Lauren was asking help about. She knows she sometimes breaks a rule. She wants to know why she is being picked on (which is sounds like she is) and I do not think any one here can answer that.

LaurenS1 (Nevada)
Posts: 8

Posted:

I haven't went to the board, for fear that if I complained to someone about this, my situation would just get worse. I hate any type of confrontation and suffer from a mild form of social phobia, which is why I've put up with this for four years. In reality, I just need to go to a board meeting. I just wanted to know if anyone had any advice, or if anyone had ever faced a similar situation, and if so, how the situation was resolved. Btw, the office manager issues violations, and the security guards are the ones who look for violations occurring within the community and document them.

LaurenS1 (Nevada)
Posts: 8

Posted:

Thanks AllisonD for understanding my perspective. I believe the reason this is occurring is because my husband has accused the office manager of selectively enforcing the rules (once we saw that someone attached their satellite dish to the exterior wall). We waited four months, thinking that they would get a notice telling them they would have to take it down. After four months, we asked the owner, who told us no one had said anything. That is when my husband went into the office and voiced his opinion. After that is when we started getting these violations. This is one reason I've avoided taking it over the office manager's head; I can imagine how bad it could get. So I believe I know why it's occurring, I just want to know how to make it stop. I plan on sucking it up, and taking others advice and bringing my concerns to the board. I just hope that my doing so doesn't make it worse. Thanks everyone.

AllisonD (Florida)
Posts: 449

Posted:

Lauren, its a slippery slope, if you escalate this to the board, and they say 'you are right, we will make sure all your neighbors get notices too", then you probably will not be liked by your neighbors. But, your board should be made aware that the management company is using selective enforcement because this is problem for the board. Yes you should go to meetings, you have no business complaining unless you become an active participant in the process. I would not have gone to the property manager to complain about selective enforcement; I would have gone to a board meeting and brought it up with the board armed with details.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

a simple solution:

follow the provision(s) of the contract (CCRs) you VOLUNTARILY agreed to and you will no longer get ANY violation notice(s)

should your neighbors fail to follow the contract you are free to pursue appropriate legal action

CAVEAT EMPTOR

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LaurenS1 on 10/05/2013 5:19 PM

After my moped was damaged, I went to the office manager and said "I'm going to get a security camera since I now know that the security guards are here only to look after association property (this is what the office manager told me the security guards duties were). So, I did not put the camera up and then tell him. I went to him personally before hand. He was fine with it.

Maybe I'm not explaining it well.

What I'm trying to say is that there are procedures that need to be followed for exterior changes. Based on your postings, the procedures are completing an ARC request and wait for a response. This gives you and the Association written documentation.

From your postings, you are requesting permission but not following the procedure to request permission. You are getting verbal permission from the MC. However, it could be that the MC isn't the one who is authorized to give permission. Even if they are, individuals forget things. Therefore, having written documentation minimizes issues that can arise from forgetfulness.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LaurenS1 on 10/06/2013 1:17 AM

In reality, I just need to go to a board meeting. I just wanted to know if anyone had any advice, or if anyone had ever faced a similar situation, and if so, how the situation was resolved.

I've gone to my Board on issues. I've sat on the other side of the table listening to issues.

My advice is:

Be polite. Don't get into personal attacks. Keep emotions at check.
Simply state the facts. have some documentation of those facts (pictures, etc.) and provide a possible solution.

One example I can offer would be the satellite dish. Submit a written request to attach it to the wall. Take pictures of any other satellite dishes that are attached to the walls and note their locations. Within the request simply state that you are requesting permission to attach your dish to the wall (it helps if you can add by a professional installer), similar to others in the development. Pictures inclosed of the other installations, that are expected to have received approval, to demonstrate how mine would be mounted.

Now if the dish is disapproved, when you go to the board over the issue you can make a simple statement: if those dishes were approved, you should be able to mount yours in a similar fashion. If those dishes were not approved, the Board should enforce the covenants and have them removed. I'm just asking to have my request be treated the same as all other requests and if the Association approves one, as they appear to have done, then they should approve all similar requests.

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By LaurenS1 on 10/05/2013 6:07 AM
Hello everyone. I have lived in my condo for over 4 yrs. now. Throughout these four years I've gotten violations (bike on patio, items other than patio furniture, a satellite dish not in an approved area, a security camera installed without permission) that I see others violating, yet I am one of the few to receive violation letters. What options do I have to make sure the rules are enforced fairly? Let me explain what's been going on. On of my first violations was for a bike on the patio, under the rule that only patio furniture be allowed on the patio. I had one bike and kept in laying down, so it was invisible unless you walked all the way up to my patio and leaned over the railing of my patio. If that is the rule fine, but I saw other units with multiple bikes upright, a soccer goal on one patio, children's toys, a weight lifting set, ect. When I pointed this out the office manager said they got a notice as well. I went to every person that was in clear violation with this rule, and inquired as to whether they ever received such a notice; 95% said they had not. I told this to the office manager. His said "they could be lying". I then pointed out that the board fined those who did not comply (the soccer goal had been there 6 months at the time) so I highly doubted that all of these people would be paying $1000's in fines. He then said that he could not discuss anyone else's violations with me. I moved the bike promptly. A couple of mouths later the board decided to allow bikes, so I put my bike back on the patio, only to receive another violation. When I brought this up to the office manager he said that maybe I had too many bikes on the patio; I only had one. There's another issue with the satellite dish. We were told that our dish could not be fastened to the exterior at all, or be placed on something that sat on what is considered common grounds (right outside my patio). The only way we could get a signal was to hang it out a window, were it was bolted to the interior of my unit. The office manager approved it (I would think having a satellite attached to a tripod would look much better than having it sticking out a window that must always kept slightly open). Two weeks later I received a violation for it. When I went to the office manager he said it was an accident. I also pointed out that others had their dish either on concrete blocks located on common grounds, attached to the roof, and attached to the exterior of the building. Again I was told that he couldn't discuss that. I also asked the owners if they received a violation, again, no they did not. 3 years later, their satellites have not been moved. I was also told by the security guard that they would cut the cable wire if it was placed on common grounds. The next incident involved my moped. I woke up one morning to find my moped was gone. I contacted security and was told that it wasn't their problem. I eventually found my moped in the breezeway of another building, abandoned with ignition ripped out. It also has a violation ticket on it for no parking tags on it. I asked the security guard about and he said that he didn't know it was ours, while he had a smirk on his face the whole time. That's a flat out lie because he knocked on my door when they were repaving and asked me to move it. He also came out to make a report when a car hit it. I pointed out that it did have a parking sticker, he said that he knew but that it was placed in its designated location. There is no designated spot, as long as it's on the vehicle. I couldn't believe what I was hearing. When I demanded that there be some kind of disciplinary action towards the guard and expressed a suspicion that maybe he had something to do with it, the office manager yelled at me for voicing this suspicion with the police and told me that it was none of my business in regards to any disciplinary action taken against the guard. This incident led me to buy a security camera and mount it on my patio. I informed the office manager about it and he didn't object. A year later I receive a violation saying I didn't get approval for it. It said I needed to fill out a form for architectural changes. It's just two screws yet people have plants hanging from a hook on their patio, pictures hanging on the walls of their patio, that satellite attached to the exterior wall (not her patio),lights and decorations attached with nails, screws, hooks, etc. Again, my inquiries have confirmed that they did not get approval to hang things on their patio. This is getting ridiculous. I'm about to hire a lawyer over this. Does anyone have any advice? I will hire a lawyer if need be, but I'd rather avoid that given it's such an expensive route. There are other incidents as well, but This post is long enough. Thanks.

I disagree with some of the responses you received.

The HOA opens itself up to litigation in the case of selective enforcement of rules.

If we go with the example of a driver speeding in a car with one person caught and the other people just lucky, if there is profiling involved or if an individual is singled out and this can be proven in a court of law, the driver who is the victim of selective enforcement can:

1. Have the ticket/fine excused.
2. Have reason to litigate against a police force that uses some type of profiling under civil law.

What is not clear at this point is the particulars. That is who and why. In the case that the person being singled out is from a protected class such as minority, women, minority race or minority religion, then this could result in a case that can be taken to Fair Housing.

At this point, I feel the strongest case would be the bicycle incident.

After that the satellite dishes. You would need photos.

What you need to be sure is that what you have can be verified in writing. As this person also points out she is not the only person who has made "architectural changes." In the case that people have lights and decorations, this would be particularly thorny if they are objecting to a security measure.

I would say that you should be able to find out something about the fining patterns. Fines should be discussed in the meetings. In California, that would be closed executive sessions. Good meeting minutes should record the issue (listing the fines according to the CC&R that is being violated) although not the person. If your HOA doesn't keep good records, then the HOA has a problem with accountability. Further, the minutes should record who voted (by name of the director) for and against all actions. You might also be able to see a pattern by looking at the financials. You should have a right to look at these documents. You can also ask to see how much and where the fines go.

You need to make get statistical information together. For instance for each violation who, what, where, how long each person has had such a violation and if they have or have not been fined. You need to get statements in writing or have photos or other documentation.

I am not a lawyer, but I have successfully bought discrimination to the attention of two large international companies as well as taken my HOA to court.

In the case of the last international firm, Yahoo, one of the managers was let go because I was able to get his statements in writing and find someone who had been more egregious in the supposed violations. My violation was asking and receiving permission to have five Saturdays off in a year. The other person (WASP female) had five more and was not being penalized. My punishment was I would never be able to get a Sunday off (having switched to a Sunday-Thursday schedule from a Tuesday-Saturday schedule). I was able to access the employee vacation records for the last two years for my department and I went through them on my breaks. I also kept my emails requesting and my filed requests for time-off. I had contacted HR, but HR wasn't interested in helping me or protecting the company until after I had things in writing and sent it up to headquarters.

This didn't win me friends. However, I do not find it a persuasive argument that you should tolerate discrimination in order to be well-liked. If that was the case, women would still not have the vote and some people would still have to sit at the back of the bus (me included).

This is a matter of civil rights and if you wish to have them, you must stand up for them.

In the case of my HOA, we were clearly being discriminated against, but no one was willing to support us in open public forum. When it got to the point that the director was stealing things by climbing up a ladder and taking them off of our balcony, that pretty much told us we needed to move. The police helped us retrieve our things which included a flag meant to celebrate my religious holy days. The insurance adjustor settle out of court for tens of thousands, most of which went to our lawyer.

You need patience and you need to keep records. You need to control your temper and it won't be easy.

I do not know if you are a protected class, but you can learn more about your rights from Fair Housing or the NAACP or even ACLU. If you need some encouragement, read or see "Raisins in the Sun."

JM10 (California)
Posts: 503

Posted:

Quote:

Posted By LaurenS1 on 10/05/2013 6:07 AM
Hello everyone. I have lived in my condo for over 4 yrs. now. Throughout these four years I've gotten violations (bike on patio, items other than patio furniture, a satellite dish not in an approved area, a security camera installed without permission) that I see others violating, yet I am one of the few to receive violation letters. What options do I have to make sure the rules are enforced fairly? Let me explain what's been going on. On of my first violations was for a bike on the patio, under the rule that only patio furniture be allowed on the patio. I had one bike and kept in laying down, so it was invisible unless you walked all the way up to my patio and leaned over the railing of my patio. If that is the rule fine, but I saw other units with multiple bikes upright, a soccer goal on one patio, children's toys, a weight lifting set, ect. When I pointed this out the office manager said they got a notice as well. I went to every person that was in clear violation with this rule, and inquired as to whether they ever received such a notice; 95% said they had not. I told this to the office manager. His said "they could be lying". I then pointed out that the board fined those who did not comply (the soccer goal had been there 6 months at the time) so I highly doubted that all of these people would be paying $1000's in fines. He then said that he could not discuss anyone else's violations with me. I moved the bike promptly. A couple of mouths later the board decided to allow bikes, so I put my bike back on the patio, only to receive another violation. When I brought this up to the office manager he said that maybe I had too many bikes on the patio; I only had one. There's another issue with the satellite dish. We were told that our dish could not be fastened to the exterior at all, or be placed on something that sat on what is considered common grounds (right outside my patio). The only way we could get a signal was to hang it out a window, were it was bolted to the interior of my unit. The office manager approved it (I would think having a satellite attached to a tripod would look much better than having it sticking out a window that must always kept slightly open). Two weeks later I received a violation for it. When I went to the office manager he said it was an accident. I also pointed out that others had their dish either on concrete blocks located on common grounds, attached to the roof, and attached to the exterior of the building. Again I was told that he couldn't discuss that. I also asked the owners if they received a violation, again, no they did not. 3 years later, their satellites have not been moved. I was also told by the security guard that they would cut the cable wire if it was placed on common grounds. The next incident involved my moped. I woke up one morning to find my moped was gone. I contacted security and was told that it wasn't their problem. I eventually found my moped in the breezeway of another building, abandoned with ignition ripped out. It also has a violation ticket on it for no parking tags on it. I asked the security guard about and he said that he didn't know it was ours, while he had a smirk on his face the whole time. That's a flat out lie because he knocked on my door when they were repaving and asked me to move it. He also came out to make a report when a car hit it. I pointed out that it did have a parking sticker, he said that he knew but that it was placed in its designated location. There is no designated spot, as long as it's on the vehicle. I couldn't believe what I was hearing. When I demanded that there be some kind of disciplinary action towards the guard and expressed a suspicion that maybe he had something to do with it, the office manager yelled at me for voicing this suspicion with the police and told me that it was none of my business in regards to any disciplinary action taken against the guard. This incident led me to buy a security camera and mount it on my patio. I informed the office manager about it and he didn't object. A year later I receive a violation saying I didn't get approval for it. It said I needed to fill out a form for architectural changes. It's just two screws yet people have plants hanging from a hook on their patio, pictures hanging on the walls of their patio, that satellite attached to the exterior wall (not her patio),lights and decorations attached with nails, screws, hooks, etc. Again, my inquiries have confirmed that they did not get approval to hang things on their patio. This is getting ridiculous. I'm about to hire a lawyer over this. Does anyone have any advice? I will hire a lawyer if need be, but I'd rather avoid that given it's such an expensive route. There are other incidents as well, but This post is long enough. Thanks.

I disagree with some of the responses you received.

The HOA opens itself up to litigation in the case of selective enforcement of rules.

If we go with the example of a driver speeding in a car with one person caught and the other people just lucky, if there is profiling involved or if an individual is singled out and this can be proven in a court of law, the driver who is the victim of selective enforcement can:

1. Have the ticket/fine excused.
2. Have reason to litigate against a police force that uses some type of profiling under civil law.

What is not clear at this point is the particulars. That is who and why. In the case that the person being singled out is from a protected class such as minority, women, minority race or minority religion, then this could result in a case that can be taken to Fair Housing.

At this point, I feel the strongest case would be the bicycle incident.

After that the satellite dishes. You would need photos.

What you need to be sure is that what you have can be verified in writing. As this person also points out she is not the only person who has made "architectural changes." In the case that people have lights and decorations, this would be particularly thorny if they are objecting to a security measure.

I would say that you should be able to find out something about the fining patterns. Fines should be discussed in the meetings. In California, that would be closed executive sessions. Good meeting minutes should record the issue (listing the fines according to the CC&R that is being violated) although not the person. If your HOA doesn't keep good records, then the HOA has a problem with accountability. Further, the minutes should record who voted (by name of the director) for and against all actions. You might also be able to see a pattern by looking at the financials. You should have a right to look at these documents. You can also ask to see how much and where the fines go.

You need to make get statistical information together. For instance for each violation who, what, where, how long each person has had such a violation and if they have or have not been fined. You need to get statements in writing or have photos or other documentation.

I am not a lawyer, but I have successfully bought discrimination to the attention of two large international companies as well as taken my HOA to court.

In the case of the last international firm, Yahoo, one of the managers was let go because I was able to get his statements in writing and find someone who had been more egregious in the supposed violations. My violation was asking and receiving permission to have five Saturdays off in a year. The other person (WASP female) had five more and was not being penalized. My punishment was I would never be able to get a Sunday off (having switched to a Sunday-Thursday schedule from a Tuesday-Saturday schedule). I was able to access the employee vacation records for the last two years for my department and I went through them on my breaks. I also kept my emails requesting and my filed requests for time-off. I had contacted HR, but HR wasn't interested in helping me or protecting the company until after I had things in writing and sent it up to headquarters.

This didn't win me friends. However, I do not find it a persuasive argument that you should tolerate discrimination in order to be well-liked. If that was the case, women would still not have the vote and some people would still have to sit at the back of the bus (me included).

This is a matter of civil rights and if you wish to have them, you must stand up for them.

In the case of my HOA, we were clearly being discriminated against, but no one was willing to support us in open public forum. When it got to the point that the director was stealing things by climbing up a ladder and taking them off of our balcony, that pretty much told us we needed to move. The police helped us retrieve our things which included a flag meant to celebrate my religious holy days. The insurance adjustor settle out of court for tens of thousands, most of which went to our lawyer.

You need patience and you need to keep records. You need to control your temper and it won't be easy.

I do not know if you are a protected class, but you can learn more about your rights from Fair Housing or the NAACP or even ACLU. If you need some encouragement, read or see "Raisins in the Sun."

GnomeX (Washington)
Posts: 253

Posted:

Lauren,

Also something to consider is that it may not be selective enforcement. Others may just be ignoring the enforcement actions which usually is just a fine.

I have the same problem here in our HOA. Accusations of selective enforcement. But the problem is that people are ignoring our enforcement actions which amounts to fines. The people ignoring the CCRs are also predominately not paying their dues.

So just because you see people ignoring the restrictions, doesn't necessarily mean they are not being enforced.

These types usually get dealt with but it is often a slow process especially if they just ignore the fines.

JoanneD1 (Arizona)
Posts: 447

Posted:

I would suggest curing your violation. Then make a written records request for all violations issued within the last 12 months. In the state of Arizona, they MUST comply within 10 business days. Don't know what the laws are in Neveda, Then find out if the HOA has filed an injunctions on any of the owners who might be clearly still in violation. Check you documents first KNOW YOUR RIGHTS, KNOW YOUR STATUTES and KNOW YOUR DOCUMENTS.

FionaC1 (Washington)
Posts: 93

Posted:

Quote:

Posted By JoanneD1 on 10/09/2013 3:31 PM
I would suggest curing your violation. Then make a written records request for all violations issued within the last 12 months. In the state of Arizona, they MUST comply within 10 business days. Don't know what the laws are in Neveda, Then find out if the HOA has filed an injunctions on any of the owners who might be clearly still in violation. Check you documents first KNOW YOUR RIGHTS, KNOW YOUR STATUTES and KNOW YOUR DOCUMENTS.

Joanne naild this one on the head..

Our past president and board revamped with approval club house rules. Rule #4 states no pets in clubhouse.

One 3 occasions.. which was documented and witnessed the very authors of that rule housed private parties with multiple dogs in attendance.

Selective yes? I think so. These same dogs were let loose on the proprty with no leash. Yet they also authored the rules all dogs must be on leashes.

Emails to PM went unanswered. I did 1 of 2 things. Kept a journal of the incidents ( leash issues ) and provided them to the local animal control. BOY THAT STOPPED

The private parties with the dogs. I spoke to the guests who live here. They were notified of the violation and who authored the rules she was enforcing. I got pictures of the dogs in the clubhouse at various parties.. complied a letter with photos and timeline and certified it to the owner, the PM. Informing them that if it happened again, I'd come to open session and present this.

IT stopped.

Selective yes? Hypocritical yes. Board members are vounteers who at time forget how they look to neighbors. THis past prez did things to benefit herself... she pushed for a clubhouse remodel... and then used it for her own private non scheduled parties, never paid rental fees, ignored her own rules. Its like a dictator. you can't but I can. it's bull.

Obey the rules.. and be the squeeky wheel. Make notes and keep records, bring your concerns to exeutive sessions or better yet.GET ON THE BOARD