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My HOA is targeting me unfairly. What can i do?

I have just recently purchased a boat and parked it on my driveway. Its been there a week while there is obvious construction going on for parking on the side. I have recently received letters that I am in violation of CC&Rs and will be brought to court unless something is done. This has made me indignent since there are a dozen homes in a block radius with blatant violations. Boats and RVs parked for over ayear, basketball hoops on the street, unkept yards, yet I am the only one being brought up. I plan on taking pics of the other violaters and playing the race card, since I am not white. Can I sue for discrrimination as well?
I walked my dog and chatted the people with violations. No one said they have received a notice. I will be in compliance after the concrete has dried and I park the boat on the side. But I am being harassed.

Well, I don’t know about what you can sue for – that’s a question for a professional lawyer. However, definitely take pictures of other offenders! If you can, make sure you get the addresses of the houses in question in the picture (unless you can easily tell the houses apart). Get copies of the HOA “laws” or “rules” and read up on them first, though. Also, I’d take the pictures with a disposable camera. Get a copy of a newspaper and first take a picture of the newspaper with today’s date shown clearly. THEN take pictures of the offenders and if you have space on the camera after you have taken pictures of all the offenders, take another picture of the newspaper with the date shown clearly. I would hold off on getting the pictures developed. For extra umph, you could mail the disposable camera to yourself and keep the package UNOPENED in a safe place so that HOA can’t come back and say, “oh those pictures are old!” or something. Digital pictures MAY work, but digital pictures can also be easily edited, so a disposable camera is best.

Also, you may want to ask around to make 100% for sure that you are the only one being brought up. You never know if the HOA has randomly decided to send out mass notices to everyone not keeping up with their house as they should.

If you are the only one, send a certified letter to the HOA with return receipt request (keep the receipt for your records) and try to work out an agreement with them. In the letter, it wouldn’t hurt to state what you have done (taken pictures of other offenders) and what you plan to do (sue) if an agreement cannot be worked out.

You’d be surprised the things companies will do when threatened with legal action! =o)

Good luck.

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