If my HOA will not enforce certain CCR’s and it is negatively affecting me, what is my recourse?

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If my HOA will not enforce certain CCR’s and it is negatively affecting me, what is my recourse?

In my HOA, residential streets are private and the police do not have jurisdiction. I have neighbors who live across the street who insist on parking in front of my property. They have a driveway and a space in front of their house. Now 2 rules in my HOA are that no house can have more than 4 vehicles and also that parking cannot “unreasonable interfere” with access to adjoining parking spots.They have 5 cars and they do not park in front of their house.They park 2 away from any house and one to consistently interfere with my driveway. HOA only sends letters, does not actively enforce rules.

Asked on August 7, 2012 under Real Estate Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to read through your documents regarding the HOA and their responsibilities and then document their inactivity in a letter.  Ask them to enforce the rules and if they do not, you will seek help doing so.  The speak with ana ttorney that deals with HOA's and look at your options. You may have to sue them. Good luck. 

 


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