Legal Question in Civil Litigation in Virginia

Home Owners Association
I stained my fence a Redwood color. Week later, recieve letter from management company informing me that color of stain is not approved by Board. Management invites me to submit application for an exterior modification (which I do). Board denies stain color and says...too dark and ''we have to draw the line somewhere''. I am given ten days to strip fence of stain or be fined $10.00 per day until removed. I remove stain. Now...several months later, another homeowner stains her fence exact same Redwood color (even same manufacturer). She finishes entire fence and then sends to management the application for an exterior modification (same as me). Yet, the same Board that told me that the Redwood stain was too dark approves her. I am outraged and very angry. How can it not be okay for me...yet, it is permitted to another homeowner? The Board has an obligation in my book to be fair and equal in their decisions. I believe I have been discriminated against here and I want to find out if maybe the law might see it the same way as I do. I got a book from my local library and learned a few things about HOA'S. They cannot ''cherry pick'', which I believe has happedned here. I would love some advice because I believe I have a good case here.

Asked on 7/21/07, 10:40 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Home Owners Association

So, what's the Board's explanation for the apparent disparity which you've failed to recount here in your inquiry?

If you do not know, then you must ask the Board for such an explanation.

Answered on 7/21/07, 11:50 pm

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