Forum Discussion
Tiggs
Dec 04, 2013Explorer
I fought my HOA in Indiana over the height of my fence and won so I have some experience ;-) Now I live way out in the country where I can do just about anything I want.
I would verify that there are indeed covenants filed on your own parcel. It is possible that the developer was a bit sloppy and neglected to include them (It does happen.) If you do, you'll need to know how enforcement is handled. If it is the responsibility of the other homeowners, it would need to be someone with deep pockets to start a suit so the violation would have to be really important to them. If a HOA exists and they are in charge of enforcement, you'll need to get a copy of their documents, bylaws, articles, etc. Inactive or poorly run HOA's fail to have proper elections and they are may be the only party who can file suit and if they aren't duly elected they have no legal authority to do so. If they aren't collecting dues, they won't have the money to pay an attorney to sue you anyway.
Every house in the development can be in non-compliance over one issue or another but if you are the only one with a motorhome then they can reach out then it's not selective enforcement.
Sorry that this sort of thing happened to you. It happens more than folks realize.
I would verify that there are indeed covenants filed on your own parcel. It is possible that the developer was a bit sloppy and neglected to include them (It does happen.) If you do, you'll need to know how enforcement is handled. If it is the responsibility of the other homeowners, it would need to be someone with deep pockets to start a suit so the violation would have to be really important to them. If a HOA exists and they are in charge of enforcement, you'll need to get a copy of their documents, bylaws, articles, etc. Inactive or poorly run HOA's fail to have proper elections and they are may be the only party who can file suit and if they aren't duly elected they have no legal authority to do so. If they aren't collecting dues, they won't have the money to pay an attorney to sue you anyway.
Every house in the development can be in non-compliance over one issue or another but if you are the only one with a motorhome then they can reach out then it's not selective enforcement.
Sorry that this sort of thing happened to you. It happens more than folks realize.
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