I did an addition to my property that violated my cc&rs;which I forgot I even had(The original 18 homes built in our neighborhood). A neighbor complained and wants to force me to change it. There are numerous homes in the neighborhood that have violations to the CC&Rs;. They were written in 1957 and there hasn't been an architectural review committee since 1964. Can they enforce the CC&Rs;if they haven't enforced them on other properties?
2 Answers from Attorneys
Yes, they can enforce them on you even if they don't enforce them on others. You can't get out of a speeding ticket by pointing to other people speeding on the freeway and saying what about them?
I think the $60,000 question is *why* do you think that they are singling you out (for instance is that neighbor on the HOA board)? HOAs are hotbeds of personal interests and divided loyalties. Although I agree to an extent with Mr. Roach's comments, unlike a police offer, an HOA owes its members fiduciary duties. There is not enough information in your question to determine whether something else is going on here, but I suggest that you check out this website. It discusses the laws that governs HOAs. http://www.davis-stirling.com/Default.aspx#axzz2XFfuwXyo.
The fact that your improvement violates the CC&Rs;is problematic, but the fact that they have not enforced them in the past, could give rise to an argument in your favor. They may have waived their right to enforce the CC&R at issue. See http://www.davis-stirling.com/Waivers/tabid/781/Default.aspx#axzz2E5ljDUPJ.
This would really require additional analysis. Best of luck to you and don't forget to review that website!
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