Does an HOA board have the right to pick and choose what rules to enforce in the CCR’S?

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Does an HOA board have the right to pick and choose what rules to enforce in the CCR’S?

We have lived in our home for 3 years. My husband drives a white truck with latter racks on it, no writing. The HOA has had us in and out of meetings for 2 years, saying it is a non-standard vehicle and cannot be parked in the community; they waive fines every time. They have allowed other vehicles to park here with magnets covering the writing, in which we have none. So do we have a leg to stand on or not? If they enforce one do they have to enforce them all?

Asked on June 13, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, one's board of directors for a HOA is required to apply the recorded covenants, conditions and restrictions uniformally across the board as to all members of the association.

The board cannot legally pick and choose those that it wishes to enforce and not to. From what you have written, you have a factual and legal basis to contest the citation with respect to your husband's white vehicle versus other vehicles similar to his that are not cited.

I suggest that you consult with an attorney that practices law in the area of planned unit developments to assist you further.


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