Legal Question in Real Estate Law in California

HOA Fines and enforcement of CCRs

My HOA selectively enforces CCRs in my neighborhood. Specifically around color schemes and replacement windows. I have replaced my windows without approval (my request was denied, I did it anyway). The HOA now wants to fine me $1000. However, they have approved the same windows for several other homes. Do I have any recourse for inconsistent and arbitrary decisions? At first they were going to fine me $500 and then decided $1000, for example. Another neighbor who put in vinyl windows, they are fining $25 per window (which comes out to about $250). Still others, they are approving the windows. Help!!!


Asked on 4/17/06, 4:33 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: HOA Fines and enforcement of CCRs

May there be another reason for the desparte treatment? Call me directly at 6192223504.

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Answered on 4/17/06, 8:26 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: HOA Fines and enforcement of CCRs

HOA's are notoriously self-serving and capricious. They feel a little power and do with it what they want, the rest be damned. I don't like HOA's. They are like those persons who represent themselves in court - they don't know the law but they think they do. I like fighting them. You have obvioulsy been singled out for discriminatory treatment (not the constitutional kind, yet anyway), and you should be able to do what the other owners in the developement do or are doing. If you need some help, call me anytime. Remember, I don't like HOAs. Good luck.

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Answered on 4/18/06, 11:41 am


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