HOA Selective Enforcement

SofiaD (South Carolina)
Posts: 16

Posted:

There are two types of selective
enforcement: 1) when an association acts arbitrarily by enforcing some covenants but fails to enforce others; and
2) when an association acts arbitrarily by enforcing the same covenant differently against one owner
and another.

From the article on this link ; file:///H:/My%20Documents/HOA%20LIEBEN_2015/Selective%20Enforcement.pdf

We live in an HOA here in Mt Pleasant, SC
Our HOA board is under those two selective enforcement on us

We got denied on the following request which was granted with other homeowners
1. Denied- Built Fence after the side garage door
one homeowner build her fence before the side garage door

2. Denied-Extension of driveway - HOA said we already got approved on one extension of driveway.
We extended them 3 feet on each side of our driveway as we are "o" inches away from the fire hydrant.
Now we are requested to have another driveway extension, in able to park for another car
which was recently granted to another homeowners and they can park 4 cars now but we got denied
for a reason that we are granted once already.

NOTHING in the CC&R or DRC (Design Review ) state that we can only request same modification ONCE and you cant request again.

3. Denied -Two yellow rocking chair to the front porch
Other homeowners has blue, orange, green, black and white rocking chair by their front porch
I ask HOA if yellow is not allowed if they can suggest what I can put..they simply denied it
with no obligation to state their reason on their decision base on the CC&R

4. Denied Pin Wheel - but the 2 houses away from us has one pinwheel never got a violation neither
the homeowner confirmed they never requested to get an approval for it.

MOrle chaser wind mill, Pin wheel, bicycle design planter, the rocking chair the plant boarders has been in our yard more than 3 months then the VP of HOA get mad to us and put us on violation on such after we complain that his boat can be seen on the road as violation and his fence is more than 6 feet base on the CC&R and DRC

Violations of other homeowners that no action taken by the HOA
1. More than 6 foot fence build by the VP of HOA
2. Plants must be 3 feet away from the boundary line
3. Boats can be seen on the road

the three violations we kept following up with the HOA and they told us they got approved to have theit plants and boats, and fence.

We question that base on the new DRC the plants must be move as it is encroachment in our property and in violation of not being 3 feet away from the boundary line.

The fence we question as he may got an approval, but does it state he can build more than 6 feet fence. The only Homeowner in 101 resident who that has more than 6 feet fence - supporting it as Aesthetic?

We have 5 hoa board and drop a letter to the house of the 3 HOA board
to request for a meeting to discuss the removal of 2 hoa board , the president and the VP as abusive of power and for not imposing the violations. we got ignored and never got an answer to the three HOA board member

Am I right that our HOA board are in Selective Enforcement on us?
Can they deny to show us the copy of approval to the two homeowners to make sure they are in compliance base on their request? It state in CC&R we have the right to see it but we have been denied to see the records

I do not want to sue the HOA as the 1st choice.Need some advice before I go to that route
I need suggestions if anyone has one PLEASE :-)

I plan to send a letter to all homeowners letting them know of the HOA action and my plan NOT to sue HOA so that our funds will not be use due to the negligence of the 5 hoa board

Am I doing the right step before suing HOA ?

TimB4 (Tennessee)
Posts: 21,061

Posted:

Sofia,

Keep in mind that selective enforcement is an argument for the courts.

However, it can be sometimes be used in appeals to the Board.

My first suggestion, prior to taking the issue to the membership and prior to taking the issue to the courts is, for each of the denials you received, to resubmit them to the approving authority. In the request, cite any supporting sections of the governing documents (the document being silent isn't necessarily a supporting argument). Additionally, take pictures of similar projects in the development that have been approved and include them. Additionally, if you can get approving signatures from your neighbors, that would also be helpful.

The request should be something along the line of:

I am requesting to __________ under Article xx, Section yy of the [name of governing document]
This request is similar to other projects that appear to have been previously approved by the Association. Specifically the projects (pictures are included) at:

address 1, address 2, etc.

In addition to the above previously approved similar projects, I have included written enforcements for my project from my neighbors.

Based on my research, I am not asking for anything that hasn't already been previously approved to another member of the Association.

Thank you.

As for recalling the Directors, one or two individuals asking for a meeting to discuss the issue is typically the wrong method. What you did was simply a request and the request can be ignored. Most governing documents allow the membership to call a general membership meeting for a specific purpose. Normally this is done by petition with a certain percentage of the membership calling the meeting. Although CA specific, the davis-stirling website has an excellent example of a petition to use (simply change the reference to applicable SC statutes and sections of your governing documents.

I always recommend getting more signatures then required.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By TimB4 on 09/07/2015 9:48 PM

I have included written enforcements for my project from my neighbors.

Oops,

Should have been "included written endorsements"

SofiaD (South Carolina)
Posts: 16

Posted:

Tim,
Thank you so much for the reply.

My Husband and I already mentioned to the HOA board that we are not
asking for anything that hasn't already been previously approved to another member of the Association.

And I just tried again to apply for another modification in our home and same previously approved to another member of the association.

Right now, I just requested to have a meeting with the 5 hoa board top discuss the denial given to us and I am waiting for their answers

Also we recently requested a security systems. We keep to be in compliance base on DRC, Covenants and restrictions. Many homeowners has Security Systems and we have talked to neighbors Most of them did not get any approval and never get a violation.

The board replied stating " submit a picture of the cameras, a spec sheet and a field of view drawing so the Board can properly review the application.

Can we reply to the board "That legal is anywhere where the public eye can see stated by Mount Pleasant Police department and it will not be focusing to any homeowner’s windows. – What it will cover is our property that we wanted to protect. That is the field of view of our Security System" Is that correct?

The HOA President and was 2x trespassing in our Property and so we put him on trespassing notice. When he was about to serve by the Police officer, he decline to sign it and even lied to the Police officer stating he has the right to be in out property as stated in our CC&R. The officer requested the CC&R from our management company and it state HOA board has the right with the permission of the homeowners.

THe VP of HOA too been trespassing on our property for 10x or more that we also put him on trespassing notice to make it stop.

The main point we do not want to give him the EXACT location of our camera's to where it was pointing out as we do not want him to sneak around where the location of the camera it.

Does the HOA has the right to know where we need to place the camera?
Also before I forget, they have made some revision on the DRC( Design Review) that is also stated in the CC&R
Before you cannot park your boat only inside your garage must not be seen on the road
they change it to you can park your boat as long as behind the fence but still must not be seen on the road

We check the CC&R it was never updated in the County of Mt Pleasant.
Knowing it was not updated, any changes made that has been agreed by all members , can still be considered valid in the court of law?

I tried to send you the copy of their reply but it told me file exceeds will try if i can resize them for you to see.

Thanks a lot Tim. You have been helpful

SofiaD (South Carolina)
Posts: 16

Posted:

Tim,
Thank you so much for the reply.

My Husband and I already mentioned to the HOA board that we are not
asking for anything that hasn't already been previously approved to another member of the Association.

And I just tried again to apply for another modification in our home and same previously approved to another member of the association.

Right now, I just requested to have a meeting with the 5 hoa board top discuss the denial given to us and I am waiting for their answers

Also we recently requested a security systems. We keep to be in compliance base on DRC, Covenants and restrictions. Many homeowners has Security Systems and we have talked to neighbors Most of them did not get any approval and never get a violation.

The board replied stating " submit a picture of the cameras, a spec sheet and a field of view drawing so the Board can properly review the application.

Can we reply to the board "That legal is anywhere where the public eye can see stated by Mount Pleasant Police department and it will not be focusing to any homeowner’s windows. – What it will cover is our property that we wanted to protect. That is the field of view of our Security System" Is that correct?

The HOA President and was 2x trespassing in our Property and so we put him on trespassing notice. When he was about to serve by the Police officer, he decline to sign it and even lied to the Police officer stating he has the right to be in out property as stated in our CC&R. The officer requested the CC&R from our management company and it state HOA board has the right with the permission of the homeowners.

THe VP of HOA too been trespassing on our property for 10x or more that we also put him on trespassing notice to make it stop.

The main point we do not want to give him the EXACT location of our camera's to where it was pointing out as we do not want him to sneak around where the location of the camera it.

Does the HOA has the right to know where we need to place the camera?
Also before I forget, they have made some revision on the DRC( Design Review) that is also stated in the CC&R
Before you cannot park your boat only inside your garage must not be seen on the road
they change it to you can park your boat as long as behind the fence but still must not be seen on the road

We check the CC&R it was never updated in the County of Mt Pleasant.
Knowing it was not updated, any changes made that has been agreed by all members , can still be considered valid in the court of law?

I tried to send you the copy of their reply but it told me file exceeds will try if i can resize them for you to see.

Thanks a lot Tim. You have been helpful

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By SofiaD on 09/08/2015 3:12 AM
Tim,

The HOA President and was 2x trespassing in our Property and so we put him on trespassing notice. When he was about to serve by the Police officer, he decline to sign it and even lied to the Police officer stating he has the right to be in out property as stated in our CC&R. The officer requested the CC&R from our management company and it state HOA board has the right with the permission of the homeowners.

THe VP of HOA too been trespassing on our property for 10x or more that we also put him on trespassing notice to make it stop.

The main point we do not want to give him the EXACT location of our camera's to where it was pointing out as we do not want him to sneak around where the location of the camera it.
Thanks a lot Tim. You have been helpful

forgot to mentioned, after the Police officer have check our CC&R , the President and the VP got serve on NO trespassing notice.

There is in our CC&R no other sign are allowed except for the "FOR SALE SIGN" from the realtor.
we put " no trespassing" on the glass inside our property of the side garage door that is facing to the VP of HOA - he lives next door to us

the sign cannot be seen in the main road only the VP can see it and we got a letter to remove it.
and the VP of HOA still get away having more than 6 ft fence and boat can be seen on the road

CyrstalB (Maryland)
Posts: 457

Posted:

Sorry to be blunt, but it sounds like you're beyond anything but court. You all are just antagonizing one another to the point of obscene and since your the one that wants all this stuff done to your house, the burden is on you to play nice a lot more than the HOA board. But since they were on your property and you called the police on them, well, that will get you both, the board and yourselves, absolutely no where but IN court. So stop wasting time and spend your money on an attorney and take the HOA and the board to court. Based on what you've stated, you will not be happy otherwise.

And Check your CCR's to see if you have a section that states that just because someone else in the HOA did it, like the fence at the garage door, that does NOT give you permission to do so to. So when you hire an attorney, ask them about this particular article because that will hold some weight in court. Conversely if there is no such article in your CCR's then you may have a leg to stand on.

Good luck.

PitA
Posts: 1,416

Posted:

OP,

you may not exceed the posted speed limit even though 'others' are doing so

you have violations, even though 'others' have same

YOU are still in violation

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By CyrstalB on 09/08/2015 4:28 AM
Sorry to be blunt, but it sounds like you're beyond anything but court. You all are just antagonizing one another to the point of obscene and since your the one that wants all this stuff done to your house, the burden is on you to play nice a lot more than the HOA board. But since they were on your property and you called the police on them, well, that will get you both, the board and yourselves, absolutely no where but IN court. So stop wasting time and spend your money on an attorney and take the HOA and the board to court. Based on what you've stated, you will not be happy otherwise.

And Check your CCR's to see if you have a section that states that just because someone else in the HOA did it, like the fence at the garage door, that does NOT give you permission to do so to. So when you hire an attorney, ask them about this particular article because that will hold some weight in court. Conversely if there is no such article in your CCR's then you may have a leg to stand on.

Good luck.

nothing to apologise. I appreciate your honesty and for being blunt. I'd rather get an honest answer than a fake one.

I know we need to go to the court but I am trying to work my best to work with the member of the association first
try to work it well before I go to that last step- sue HOA. As I believe the member may or may not have support me but at least I tried before I go to the court. That is why I am here on this forum to get advice.

Thanks for your input. sincerely appreciate it

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By PitA on 09/08/2015 6:46 AM
OP,

you may not exceed the posted speed limit even though 'others' are doing so

you have violations, even though 'others' have same

YOU are still in violation

OP? who is OP?

It is not about the violation it is my request being denied and other got an approval
and for other homeowners and even the HOA board itself who has a violation was able to get away with it
is what I am asking what to do

That get me confused how you reply - sorry I don't understand what you are trying to say base on my questions.

PitA
Posts: 1,416

Posted:

OP = original poster

you may not violate the covenant even though others are in violation

your court appearance will NOT help you, it will merely force the others into compliance

? how many other homes had the driveway APPROVED for extension MORE than once ?

! i'll bet NONE !

should you actually prevail (doubtful) in court, your 'neighbors' will really adore you when THEY are forced to comply with the covenant

BEST OF LUCK

and (next time)

CAVEAT EMPTOR

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By PitA on 09/08/2015 9:50 AM
OP = original poster

you may not violate the covenant even though others are in violation

your court appearance will NOT help you, it will merely force the others into compliance

? how many other homes had the driveway APPROVED for extension MORE than once ?

! i'll bet NONE !

should you actually prevail (doubtful) in court, your 'neighbors' will really adore you when THEY are forced to comply with the covenant

BEST OF LUCK

and (next time)

CAVEAT EMPTOR

Now I understand better.
Thank you for your explanation.

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By PitA on 09/08/2015 9:50 AM
OP = original poster

you may not violate the covenant even though others are in violation

your court appearance will NOT help you, it will merely force the others into compliance

? how many other homes had the driveway APPROVED for extension MORE than once ?

! i'll bet NONE !

should you actually prevail (doubtful) in court, your 'neighbors' will really adore you when THEY are forced to comply with the covenant

BEST OF LUCK

and (next time)

CAVEAT EMPTOR

Now I understand better.
Thank you for your explanation.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Sofi

What others have done does not mean you can do it. There could be ongoing action against them that you are unaware of.

One of the reasons for living in an HOA is to have control over what people can do. When we buy, we agree with this even when it takes some of our rights away. It seems you want more and more and more.

I expect the BOD consider you the owner from hell.

My best advice is consider selling and moving.

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By JohnC46 on 09/08/2015 10:57 AM
Sofi

What others have done does not mean you can do it. There could be ongoing action against them that you are unaware of.

One of the reasons for living in an HOA is to have control over what people can do. When we buy, we agree with this even when it takes some of our rights away. It seems you want more and more and more.

I expect the BOD consider you the owner from hell.

My best advice is consider selling and moving.

you are right that it could be ongoing action against them that I am not unaware.
As many neighbors told me what their problem with HOA without me asking.

I maybe not the only one like you said "the owner from hell"

I do not want more and more or EXTRA more.
I just ask the same priviledge given with other homeowners
on CC&R can't park on the street to avoid that I need driveway extension which was granted to other homeowner
the fence was built before the garage door which was granted to others and we cannot.

It never state in our CC&R that you cant have more than 2 cars for me not to be able to request to extend my driveway.

Sometimes it is easy to expect, think or even just label me or anyone as as you said " consider the owner from hell" if you don't experience or you are not in the person's shoes on how the harassment I have been going thru that I didn't even post it here. I stay on what is the fact and other harassment will be handle later but documented and I have no intention of posting here what kind of harassment.

I do not have to sell because the HOA is not treating as fairly.
I support the HOA rules provided it was imposed and followed by all and not pick and choose who can get away with it and who can get fine with it. The rule must apply to all not to some.

If it doesn't fit to the livelihood of all the members, I will support to change it to fit for all not just for myself. I just want what is right not what is being done as their duty in HOA was not done right.

I posted here to see how to resolve it without going to courtas I do not want our HOA funds be use in the court
just because of the negligence of the HOA Board. That is why I try to see what best advise I can do for my next move.

Thanks for your input,however moving and selling is not the answer
It is just agreeing to let someone get away with the crime of keep letting people do what is wrong

That is not JUSTICE.

Also..sorry if my post kept posting 2x and i do not know why...I am new in this forum

Thank you

PitA
Posts: 1,416

Posted:

many have found that justice and HOA are incompatible

you (and your neighbors) agreed to adhere to covenants and restrictions

you (and your neighbors) elected directors to administer said covenants and restrictions

YOU do not like said administration

YOU will either need to:

get your neighbors together and amend said documents

or

recall the BOD and elect new

or

seek redress in a court of law (good luck with that)

or

comply and be quiet

or

move.

You have NO OTHER options.

Pick ONE.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By PitA on 09/08/2015 2:28 PM
many have found that justice and HOA are incompatible

you (and your neighbors) agreed to adhere to covenants and restrictions

you (and your neighbors) elected directors to administer said covenants and restrictions

YOU do not like said administration

YOU will either need to:

get your neighbors together and amend said documents

or

recall the BOD and elect new

or

seek redress in a court of law (good luck with that)

or

comply and be quiet

or

move.

You have NO OTHER options.

Pick ONE.

Such a breath of fresh air.

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By RichardP13 on 09/08/2015 3:15 PM

Posted By PitA on 09/08/2015 2:28 PM
many have found that justice and HOA are incompatible

you (and your neighbors) agreed to adhere to covenants and restrictions

you (and your neighbors) elected directors to administer said covenants and restrictions

YOU do not like said administration

YOU will either need to:

get your neighbors together and amend said documents

or

recall the BOD and elect new

or

seek redress in a court of law (good luck with that)

or

comply and be quiet

or

move.

You have NO OTHER options.

Pick ONE.

Such a breath of fresh air.

Thank you for your suggestions

GeorgeR8 (Arizona)
Posts: 182

Posted:

Under previous boards we had next to no enforcement. We were advised to grandfather those changes and to start strict enforcement from that date on. I tell each new owner that just because you see it somewhere else doesn't mean you can do it. That may be the case where you live. In any case you can never use someone breaking the rules as permission to break the rules.

BobD4 (up north)
Posts: 1,002

Posted:

SofiaD (South Carolina)

Respectfully, you may need to work on better understanding - and then organizing and presenting - whatever is meant by alleged "Selective Enforcement" as you think applies to the refusals you got.

Because your original posting fails to correctly cite the internet "url" to reach the article you may have relied on to understand "selective enforcement", it is not possible to reach it to see just what you have read.

You got some great advice from commenters above. Let me clarify what "selective enforcement" likely does NOT mean.

Whimsy, capricious cronyism is flat out selective enforcement ( "Today we forbid or reject your request but approve an absolutely identical one next door for the President's girlfriend !")

It is NOT likely "selective enforcement" if an organization meets whatever governance standard imposed by the legislation/imposed by the civil courts - within that legislation & judicial treatment.

The imposed standard instead may NOT be perfection as if the organization is a guarantor or insurer of absolute full compliance or whatever, totally consistent with how it handled a set of varying facts last year or miles away.

It may be allowed to dispassionately "change its policy mind" as long as the same yardstick gets simultaneously and in good faith applied to the President's girlfriend and his worst enemy alike. Maybe it cannot understand the way a request was organized & presented. Maybe the now submitted variances were lawful years back.

If somebody's request is organized and capable of being well understood, it potentially gets better evaluation. Such will likely be easier to contest if refused for alleged capricious, unfair, discriminatory refusal.

Bear in mind that it is NOT "selective enforcement" if the factuals can be prevailed to show the analogy to a single traffic cop writing tickets furiously to the Chief's girlfriend or worst enemy alike while others speed by. The enforcement or whatever there is consistent within the enforcer's resource limits , even if unable to stop every violation known or unknown.

( I wish I had written that sole traffic cop metaphor. I first noticed it cited as a mere comment made in June 2007 by the presiding civil judge in 2007, as re-cited in condo superlawyer Jonathan Fine's article about PCC 283 v Genik - scofflaw satellite dish injunctions. If anyone can identify earlier sources, please do so.

It may be derived from something centuries old : eg "Yea though the Pharoahs' servants shall labour long & hard to chastise the speeding chariots, some nevertheless shall fly by . . . " I also found something similar in several planning enforcement judgements in another jurisdiction in 1980s ).

SofiaD : consider hiring someone with legal competence to take a patient look at S Carolina's Code of Laws
Title 27 - Property and Conveyances. The gap from ch 27 to 29 not yet shown new ch 28 yet proclaimed http://www.scstatehouse.gov/code/title27.php The upcoming ? not yet proclaimed ? ch 28 would be Bill S 13 Session 121 (2015-2016) " BY ADDING CHAPTER 28 TO TITLE 27, SO AS TO ENACT THE SOUTH CAROLINA COMMON INTEREST COMMUNITY ASSOCIATION ACT."

MelissaP1 (Alabama)
Posts: 13,836

Posted:

There are MY violations and there are YOUR violations... My violations have reasons and available for forgiveness. YOUR violations are wrong and should have asked permission... That is how Selective enforcement works in a HOA...

Former HOA President

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By GeorgeR8 on 09/09/2015 7:28 AM
Under previous boards we had next to no enforcement. We were advised to grandfather those changes and to start strict enforcement from that date on. I tell each new owner that just because you see it somewhere else doesn't mean you can do it. That may be the case where you live. In any case you can never use someone breaking the rules as permission to break the rules.

you are right for saying " you can never use someone breaking the rules as permission to break the rules"

That is why we make sure to be in compliance as much as we can
but never let the President and The VP who kept violation in place and been doing the violation too
and get away with it

Thank you for your input. appreciate it

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By MelissaP1 on 09/09/2015 8:16 AM
There are MY violations and there are YOUR violations... My violations have reasons and available for forgiveness. YOUR violations are wrong and should have asked permission... That is how Selective enforcement works in a HOA...

you are right on "MY & YOURs" violation

My problem is the VP of HOA build his fence more than 6 foot and boat can be seen on the road
which is clearly stated in our CCR that is not allowed. He only had permission to build the fence
and I ask the HOA if he got a waiver to build more than 6 foot fence and boat can be seen on the road
and HOA cant even answer me back on it. The right side fence is more than 6 ft and the left side fence is 6 foot.
By their rules is not Aesthetic.

His boat is legal to be in his yard as long as behind the fence but still not allowed to be seen on the road
So in a way our VP is in MY & YOURS violation at the same time.

Appreciate your input.Thank you

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By BobD4 on 09/09/2015 8:06 AM
SofiaD (South Carolina)

Respectfully, you may need to work on better understanding - and then organizing and presenting - whatever is meant by alleged "Selective Enforcement" as you think applies to the refusals you got.

Because your original posting fails to correctly cite the internet "url" to reach the article you may have relied on to understand "selective enforcement", it is not possible to reach it to see just what you have read.

If somebody's request is organized and capable of being well understood, it potentially gets better evaluation. Such will likely be easier to contest if refused for alleged capricious, unfair, discriminatory refusal.

My mistake on the URL I apologise on that. here is the right link
https://www.caionline.org/govt/news/Political%20HeadsUp%20Public%20Document%20Library/Selective%20Enforcement.pdf

That is the reason I am in this forum to understand better on "Selective Enforcement".

I will look on the link you gave me
I started to ask the HOA board to meet us to resolve this issue, if we cant resolve it
I go to next step talk to all members/resident
as I do not want to go to the court if we can resolve it.
Do not want to waste HOA funds where in we can resolve it
and do not want the HOA board have the benefits and enjoyment abusing their power
it's just a matter of letting the homeowners of what the HOA board are doing.
That President & VP did a violation getting away with it
They got elected to protect the CC&R not to violate it as they think they can as they are in the Board

Funny when we revised the DRC, the President didn't even request to add # of pets you can have
then he got caught he has more than 3 and the president of HOA got so mad for getting his attention on it
so as the VP for boat seen on the road.

We kept saying to them, if we need to change it ...let's change it so it will fit to all
I will support to have more than 3 pets I will support his boat to be seen on the road
but until it got amended ..they have to follow the rules as members and specially as HOA board members
As I told them we all signed and agreed on this CC&R lets follow and apply to all
not pick and choose who can and cannot or who can get away with it.

My Husband & I are doing our best to work it outside the court.

Thanks again for all the help
Sincerely appreciate all who help me in this forum

BobD4 (up north)
Posts: 1,002

Posted:

Sofia D & husband are smart to their homework well /work for a quiet respectful solution with the Board. Trespassing notices & police (above) suggest something had been badly out of whack. Maybe a local mediation service could also help get things quietly resolved.

The article SofiaD cites shows maybe opposite outcomes after someone seeks an equal right to violate some rule with impunity. Policy minds may be allowed to change if fairly & well documented, but the community is ultimately not embalmed like Lenin’s body for decades :

“A Board’s Primer on Selective Enforcement” https://www.caionline.org/govt/news/Political%20HeadsUp%20Public%20Document%20Library/Selective%20Enforcement.pdf
(by lawyer Rebecca Drube) uses as examples :

1- South Carolina's Palmetto Dunes Resort v Brown 333 S.E. 2nd 15 ( S.C. Ct App. 1985) https://www.courtlistener.com/opinion/1290254/palmetto-dunes-resort-v-brown/

and

2 - an unidentified judgment from Georgia Ct of Appeals : violator met onus of countering with examples of exceptions but Board failed to grasp it would have to document & explain them credibly. If anyone found this one please identify.

Hope Sofia & husband carefully note the article's conclusion : ". . . The basic lesson to take away from these two cases is that if an association’s documents give the Board authority to approve or disapprove a modification or make other decisions based on certain standards, even one as broad as “aesthetic considerations”, a Court will likely uphold a decision if there is a reasonable explanation for why the Board made the decision as it did. . . .”

SofiaD (South Carolina)
Posts: 16

Posted:

Quote:

Posted By BobD4 on 09/10/2015 7:11 AM
Sofia D & husband are smart to their homework well /work for a quiet respectful solution with the Board. Trespassing notices & police (above) suggest something had been badly out of whack. Maybe a local mediation service could also help get things quietly resolved.

Hope Sofia & husband carefully note the article's conclusion : ". . . The basic lesson to take away from these two cases is that if an association’s documents give the Board authority to approve or disapprove a modification or make other decisions based on certain standards, even one as broad as “aesthetic considerations”, a Court will likely uphold a decision if there is a reasonable explanation for why the Board made the decision as it did. . . .”

Thank you for your information.

That is the one we are questioning too the "Aesthetic" that they want to protect
How can it be considered Aesthetic that the VP's fence is more than 6 ft on the left and 6 ft on the right and yet no violation given no matter how we report it. The VP is the ONLY one who has more than 6 feet fence.
The Board can't answer me about his more than 6 ft fence if it got a waiver on it.

If I will base on Covenants it is clearly stated that only 6 ft fence is allowed.
So where is the "aesthetic considerations" - I think on this one I have strong case to win it
I am not a lawyer however if one is not balance cannot be considered aesthetic.

It is the board HOA's negligence to check if the homeowner comply base on what it was requested and what needs to comply base on height stated on the covenants plus the aesthetic effect of having not balance height.

We will meet them on Oct 20 to discuss the list of request that we got denied.

One thing I do not understand almost all neighbors has rocking/chair in front porch and I can't?
mine was yellow and I was asking what color is allowed as I see blue, green orange, black, white, blue and red.
They simply said NO you can't have yellow rocking chair in front porch - doesn't that be part of selective enforcement?

They recently ask the location of our security camera before they approved to install the security systems.
We ask some homeowners and security companies, nothing in their experience who have ask to submit where the locations of the cameras.

We decline to comply on their request stating our reason that nothing in our CCR or DRC stated that we must submit the location of our security cameras.Though we gave them their request that the field of view anything in our plat it says its ours is the field of view and anything in front of our house - not pointing to anyone's windows. I even invite the management company that they can come to look at around the house if they want to see our property but never will tell them where our cameras are.

Plus knowing the President & VP is under no trespassing notice, it is more legal for us not to let them know where it will be located as long as stays within the field of view of our property and as stated by the Police department, as long as anything can be viewed publicly is legal and not pointing to any homeowner's window.

We told the board, since the President & VP are both in no trespassing notice and the VP just recently been harassing me, we will not let them know the location of our camera so we can caught him on camera for the next harassment or any trespassing.

Anyway - that was the main reason why we want to install the cameras as the VP been harassing me for several times mostly when I am alone and with my mother. It stop after I emailed his wife to ask her husband to stop & concentrate building great memories with his kids as his kids needs a father and he needs a husband. I told his wife next time I will call the cops the 3rd time he talk nasty to me specially when I am alone.

So I am hoping to resolve this issue on our meeting this Oct..( good luck to that?)
If nothing resolve , goes to next step.

For now is to keep researching gathering evidence and document EVERYTHING.

Thanks again. Keep suggesting IT DOES HELP ME A LOT!!

Sincerely appreciate to all who responded here