Legal Question in Real Estate Law in California

can hoa use personal vendetta to sue a homeowner

My two rear neighbors have harassed me me since day 1 when they put up a wall which ended up on boundary.They have vandalized and trespassed on my property. This lesbian couple have become HOA president & VP and control 1/3 of board(although rules say 1 vote per household).

Can HOA selectly choose to sue 1 homeowne for purportedly violating CCR rules (although they do allow for variances) for ''violating rules although no law suits against any other homeowner for same violation or ANY violation has taken place. In other words can an association selectively sue a homeowner although many others have violated same rule and no lawsuit ws ever filled


Asked on 8/21/03, 1:49 am

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: can hoa use personal vendetta to sue a homeowner

Tough question. Selective enforcement is more of a criminal concept that a contract law one. However, there may be an argument that the HOA has effectively waived or amended that provision out of the agreement if they are not really enforcing it. Depending on your nationality, age, etc., there may also be unlawful discrimination questions. You defintely should give resistance a shot. Watch out for penalties in the agreement. They can accumulate fast. Somebody needs to review the HOA agreement pronto. If you have been sued, you definitely need to retain a lawyer to file an answer or you could end up with a default judgment against you.

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Answered on 8/21/03, 5:48 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: can hoa use personal vendetta to sue a homeowner

Have you been served with a summons? Of course if you have you must answer and file a cross-complaint against the lesbian couple for tresspass and perhaps discrimination. Call me directly at (619) 222-3504.

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Answered on 8/21/03, 11:51 am


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