Abandonment & Selective Enforcement

We live in an HOA in Burlington WA. We have a view lot and were one of the last homeowners to build on their lot. While any of our neighbors could have purchased our lot, they chose different lots and built their dream home. When we built our home, it blocked the view of a homeowner above us. They have been impossible ever since.

We encounter violation letters directed to us, i.e. trailer/RV parking. Our covenants do state no storage of trailers or RVs on our properties, however, we do not store or park our trailer or RV on our property. Our neighbors around us, however, store trailers and RVs consecutively for yearson their properties, not within a garage or some type of enclosure, although they never receive violation letters. We receive violation letters.

Our covenants also have a hedge/tree covenant wherein we may not have trees/shrubs/hedges over 6 foot. The same covenants also state that we may not plant anything that will eventually block someones view. If a person is less than 6', your view is blocked. Again, as owners of a view lot, our neighbors planted trees bordering their long driveway which block our view. They refuse to cut them as the covenants do state that 6' is the maximum allowance, however, the covenants also state that views may not be blocked. It seems like a never ending battle. We received violation letters when our shrubs reach 5.5 feet, however, they are not enforcing our rights to a view.

We have tried to achieve an even handed enforcement of covenants that are applicable to all homeowners, however, it is the board members who do not enforce the covenants against themselves, as if they are exempt. Other neighbors choose to "not get involved" for fear of retaliation, which is a valid concern. You cannot cross these people or you suffer their wrath.

Unfortunately, we have had to obtain an attorney as we frequently encounter selective enforcement and feel harassed. I would value the opinion of others as to your opinion of an amicable solution without suing the HOA. Any ideas?

I agree with Tim. Your first & best option would be to gather support and recall the Board. Or at least get a group together and attend meetings and ask the Board hard questions.

We had a terrible Board once and voted them out, so didn't have to go through the recall process. Took a calendar year, but then we got on the right track. Otherwise and unless your state has some sort of HOA ombudsman or the like, you have few choices.

Russell,

I went to Google Earth to find Burlington, WA. I assume that you are in the development on Burlington Hill. If that is correct, the small size of your association is going to make it difficult to overthrow the current board. It sounds like you have more than one childish homeowner in your development.

My association in rural Arizona has had similar issues. Some of the parcels are high on a mountain top and afford a magnificent view of open lands in a valley extending for about 20 miles. In 2007 Cemex announced plans to build a quarry and cement plant about five miles north of those parcels. Those who owned the view lots went into a panic. One dumped her property and moved even though nothing has been built thus far. Another insists that, by allowing the cement plant, the county had somehow deprived him of his constitutional rights. These were ridiculous responses to normal and foreseeable development.

Russell, you may have to take some of your neighbors to court to end this nonsense if you wish to enjoy your property. Until some higher authority tells these morons to knock it off I think you will be living in hell instead of in the dream home you wanted.

One thing to look into: I do not know if there is anything like this in your state, but in AZ a person who is being harassed may seek an injunction from the Justice Court. The service is free. The injunction prohibits. among other things, a person from harassing you directly or indirectly. This would put the complaining neighbors in the position of explaining to a judge what their problem with is and it would give the judge the opportunity to tell them to sit down and shut up. Even though it is a civil proceeding, if the respondent violates the terms of the injunction he can face jail time and criminal charges. It is something worth looking into.

Thank you very much for your replys. Yes, we have a small community of only 20 homes on a dead-end street. It has been impossible to overturn the current board as they intimidate those who do not want to get involved. We spoke with an attorney to counseled us which was our first step all to no avail.

We purchased our property because we could live with the CC&Rs however the board modifys and manipulates them to accommodate their personal interests.

Does the law recognize that we should not have to sue our neighbor over selective enforcement? It seems boards are given so much power and ability to be judge, jury, and executioner (in our case). Many have told us to just move and give up the fight. Our home, however, is our dream home, architecturally designed to our specifications (we are over 50). We intended for this home to be our last. To move would surrender power and reward thier bias acts.

I believe we will continue on in court as this has been ongoing for eight years. We simply have been left no other choice evidently. Our attorney wrote several letters to every neighbor requesting their input although received no response.

I look forward to receiving any further advice and appreciate the advice offered.