Question on Rules Enforcement

Isn't the real question whether it is worth it to stand your ground and either (1) let the HOA either try to fine you or seek an injunction to correct the alleged violation; or (2) lawyer up?

Thanks for the response @ElleN and @CathyA3

@ElleN: I'm putting in a US HUD Complaint working with the intake specialist. I wanted to see if I could get a 'quick sanity check' before I sign the paperwork to make sure I'm not doing something wrong on my part. The HOA has given notice of intent to tow my vehicle. The rule text is below.

@CathyA3: I am in a single-family home HOA. There are 124 single family homes in this neighborhood. The CC&Rs have an 'architectural review board' that has approved widening my driveway by 8.5ft, but they state that the approval did not grant an additional parking stall. Their argument is that the 8.5ft widening was only to be used as a walkway but no intent on use was ever specified or clarified.

The rule is;
Section 6.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot, except this shall not exclude temporary (less than forty-eight (48) hours) parking of vehicles on the designated driveway areas adjacent to garages on the Lots. Upon forty-eight (48) hours' notice to the Owner of an improperly parked or stored vehicle, boat, or other equipment, the Association has authority, but shall not be obligated, to have removed at the Owner's expense any such vehicle visible from the street that is parked on any Lot, street, or within a Common Area for more than forty-eight (48) hours.

There have been boats parked on homeowner's driveway for months, and they allow parking in an 'ingress/egress' and access-way on private property. However, none of these homeowners receive any sort of enforcement.

There is a reference to 'similarly situated' in the HUD complaint. Could the argument be made that these homes that have an access-way are different, and therefore the rules apply to them differently? Which really is the basis of my argument. My home does not have an access-way.

@ElleN: Thanks for the questions. Right now, the text of the HUD complaint is disparate treatment on the basis of disability. I do not believe the parking is based on retaliation, but I believe the parking enforcement is unequal. We have submitted letters from our doctors on the issues, and the HOA has given us a different set of 'tests' that do not apply to the other homes.

For instance, the HOA asserts that we can use the garage for parking, therefore our request to have an additional parking stall in the driveway is denied.

However, the other homes do not have the 'garage test' and have been granted an additional parking stall on their property. In some cases, more than one parking stall is granted. Or they choose not to enforce them, its hard to tell since the HOA won't answer.

All garage sizes here in the community are the same size.

There may be other issues, but those were not captured in the US HUD complaint. For instance, its recognized that a member of my home has hoarding symptoms, diagnosed, documented, and the HOA knows this. We still get subjected to a 'garage test' while others do not. Community message forms here have 'no hoarders allowed' message on it.