[6] See College Book Ctrs. With the help of a qualified attorney, you may also be able to take legal action against your HOA in the form of a selective enforcement HOA lawsuit. Can You Sue HOA for Selective Enforcement? For years, we've polled neighbors on improvements, although there weren't really many around to have much input. Another reason could be the addition of new board members. These rules may cover what type of landscaping you can put in, whether you can paint your driveway, what kind of approvals you need before you can add to your house, or even whether you are allowed to rent your home to someone else. The part that's most interesting to boards everywhere is that the appellate court's ruling means residents are permitted to sue a board for intentional infliction of emotional distress after a board president appears to have waged a vendetta against residents. It is important to note that the focus is not the reasonableness specific to the objecting homeowner, but reasonableness as to the common interest development as a whole. Boards can give individuals, management companies, or vendors various authority. You should not go to mediation without an experienced HOA attorney of your own who can present a defense of selective enforcement. Theft, embezzlement, or fraud happens all the time even in an HOA or condo association setting. If you plan to redo your landscaping, renovate, or add on to a structure on your property, you should first consult your HOAs governing documents to ensure your plans are within the neighborhood guidelines and you follow the correct procedure for getting approved. But that requires proof over a long period of time or that widespread violations have taken place. HOAleader What can you do if your HOA rules are not enforced or are being ignored? "In California, boards have to send a proposed rule to homeowners, and they have a month to comment. If an HOA is inconsistent in its enforcement of a certain rule, it may have, in the eyes of the law, waived its right to enforce the rule in the future. "Most condo and other kinds of CCRs have a nonwaiver clause that says the failure to enforce a covenant doesn't undermine its validity or the ability of the association or another owner to enforce it in the future," he explains.
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