Legal Question in Real Estate Law in California

Yes, they can enforce them on you even if they don't enforce them on others. You can't get out of a speeding ticket by pointing to other people speeding on the freeway and saying what about them?

I think the $60,000 question is *why* do you think that they are singling you out (for instance is that neighbor on the HOA board)? HOAs are hotbeds of personal interests and divided loyalties. Although I agree to an extent with Mr. Roach's comments, unlike a police offer, an HOA owes its members fiduciary duties. There is not enough information in your question to determine whether something else is going on here, but I suggest that you check out this website. It discusses the laws that governs HOAs. http://www.davis-stirling.com/Default.aspx#axzz2XFfuwXyo.

The fact that your improvement violates the CC&Rs;is problematic, but the fact that they have not enforced them in the past, could give rise to an argument in your favor. They may have waived their right to enforce the CC&R at issue. See http://www.davis-stirling.com/Waivers/tabid/781/Default.aspx#axzz2E5ljDUPJ.

This would really require additional analysis. Best of luck to you and don't forget to review that website!

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