Legal Question in Civil Litigation in California

home owners association

I have a problems with my home ownwers association regarding my roof. I recently had my roof replaced and change the color of the shingles. My HOA is now threatening to fine me because they did not approve the color change. They want me to return it to black because that is the only approved color. I drove around my neighborhood and have found approx. 15 homes that are not black. I spoke to a few of theses home owners and they did not receive approval from the HOA. They have not received any letters requesting that they change the color nor have they been fined. Can they fine me without taking action against the other home owners.


Asked on 7/08/02, 12:15 am

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: home owners association

BELOW REPLY IS NOT A LEGAL ADVICE AND SHALL NOT BE CONSTRUED AS SUCH. IT IS MERELY AN OPINION BASED ON LIMITED INFORMATION AVAILABLE.

Depending upon your HOA agreement, AKA CC&Rs, they might be able to take action against you. However, from what you've said, it appears that you do have few defenses available to you, such as "waiver" as they have not enforced it against others; or "selective" and perhaps "retaliatory" or even possibly "discriminatory" enforcement of the CC&Rs. We need for info/facts to support the last defense.

Good luck.

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Answered on 7/08/02, 3:02 am
Hollie Lemkin Law Offices of Hollie A. Lemkin

Re: home owners association

Whether or not the HOA has a right to take action against you will depend on the language of the CC&R's. That aside, they can not use the CC& R's to descriminate against you. Seek legal counsel and if you can not afford a lawyer contact legal aid or your local bar association.

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Answered on 7/09/02, 6:07 pm


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