Legal Question in Discrimination Law in Virginia
Homeowners Assocation
I live in a community where you need to file an application to make a change to your home. I filed an application to install wire mesh on my fence to keep my dog in. It was denied because in the guidelines it states that the wire mesh must be installed on the inside of the fence, but fence is existing and it is easier to install it on the outside so you don't have to wrap around the posts. I applied for an appeal stating that two other homes in my neighbor have the wire mesh on the outside and I wanted to know why they got approved. They stated they would look into it but still denied my appeal. I asked that they not render a decision until they can check the status on the other two homes. If I do not remove the wire mesh within 15 days I will be fined $10 per day after that. I don't feel that I was treated equally and fairly. If others can have why can't I. The guideline states that the wire mesh shall be placed on the outside but obviously they have had deviations and I don't think that it is fair to me if the other can have it and not get fined. All I asked was for them to wait and make a decision at next months meeting so that they would have the information from the other two homes.
2 Answers from Attorneys
Re: Homeowners Assocation
I suspect that in all likelihood you're beating
the proverbial "dead horse" on this particular issue. The HOA, undoubtedly, when pressed to do so, will come up with some seemingly plausible reason(s) as to why the other two owners were(are) permitted to deviate from the guidelines.
And pursuing litigation in this matter to allow for your preferences could be very expensive----far more expensive that the extra costs involved
in wrapping the wire mesh around the fence posts.
Re: Homeowners Assocation
We need to see the HOA documents. These govern your rights as to process and substantive issues within the HOA, however, they are not always absolute insofar as they sometimes violate state law. The other homeowners with outside the fence wire mesh should be paying fines at present, and you likely, under the HOA docs have the right to demand enforcement (in court if
necessary). Please call with any questions.
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