Hoa discrimination

[ILKERELEREN]

There is a serious parking problem at our community. HOA Management has been applying the rules to us without giving us a chance to explain the reason by ignoring our mails and voice messages. Due to third vehicle parking problems, my nephew had to move out since we one car garage and two car already. I have taken the pictures of other violators and prove that they have been violating rules constantly but HOA does not force them to change their attitude. We feel we are singled out. Is it considered harrasment and if I send a letter HOA and their letetr with the viloators name , address and taken picture, do I cause any trouble for myself? Do they have any chance to sue me on any base? I just do it to show them others' have some waivers but us. Especially one neighbour even does not use her garage but visitor's parking. Some of them use it like us because they have three cars in their house. And can I sue the statement like" The Board of Directors has a fiduciary duty to the owners. One of those duties is to enforce all the rules and regulations fairly and nondiscriminatorily. Instead, it is very clear that you discriminatorily disregarding the rules and regulations. Because of your double standard, you are in violation of your fiduciary duties by failing to enforce the rules and regulations. Justice should be same and equal for every member of our community.
When our nephew comes to visit us, he parks to visiting parking. Altough our nephew moved out and HOA was informed, still they stick the tag on his vehicle's window. We do not knwo how to make them beilive us and they send us letter states extended stay is not acceptable. He stays sometimes two or three days maximum. As an human being, does not he any right to visit any relative? Covenants does not say any exact number of days about extended stay. They do keep picking on us. This hostile environment also has effected my 16 months old son. What can we do? what is our rights? There are lots of neighbours whoc complain about their unsided applications and decisions. I have painted my garage floor and put the garbage bin two days outside of my garage, they fined me. I asked them where I can put the garage bin. No answer. Is there any way to waive or force them to waive this fine? thank you for your consideration.

 

[dee_dub]

Is it considered harrasment and if I send a letter HOA and their letetr with the viloators name , address and taken picture, do I cause any trouble for myself? Do they have any chance to sue me on any base?

No, that is not harassment. They could try to sue you - anybody can sue for anything - but they are remarkably unlikely to be successful.

And can I sue the statement like" The Board of Directors has a fiduciary duty to the owners. One of those duties is to enforce all the rules and regulations fairly and nondiscriminatorily. Instead, it is very clear that you discriminatorily disregarding the rules and regulations. Because of your double standard, you are in violation of your fiduciary duties by failing to enforce the rules and regulations. Justice should be same and equal for every member of our community.

I don't know what "sue the statement" means - you sue persons, not statements. You can certainly make that statement - it sounds entirely reasonable to me.

As an human being, does not he any right to visit any relative?

Not at law. He's free to pretty do much what he wants, though. The problem is, what he wants to do involves parking in violation of the HOA rules. The HOA is entitled to enforce its rules - although, as you argue nicely above, they should do so in a fair manner.

 

[ILKERELEREN]

Issue 1:If I show the pictures, licence plate number and house address of other violators, does the other neighbor have any right to sue me or do I have interfere to their privacy? Or HOA can sue me due to these pictures although I help them to apply the rules. It looks like HOA had given special exception to some of the houses. They have been using the visitor parking last 2 years and either they ignore the warning and fines or something else. Because nothing has been changed. Since I can proof that with the pictures, does it mean that other houses can get the same waiver/exception in case of utilizing visitor parking. Can I sue the HOA because of this discrimination and double standard? Is it considered discrimination? We spend too much money to move our nephew to somewhere else, although we were told by sales agent -Centex Homes that we can utilize visitor parking for third vehicle during the construction 5 years ago.
That agent knew that we had needed parking spot for third car since it is one car garage townhome. Can we go back and sue this agent and/or Centex due to misinformation
Issue 2: HOA does not want to believe that our nephew has moved out. They tag his car when he park to visitisor's parking since he is clearly visiting us. If they keep tagging his car, what kind of right to defend myself since they do not apply the covenants correctly? Do they have any right to tag his car and on what base? They say it is an extended stay but there is no exact definition of exact stay at covenant. It is clearly bias attitude.
THANK YOU VERY MUCH. I REALLY APPRECIATE YOUR COMMENTS WHICH LEAD ME TO CORRECT RESULT, I AM VERY SURE.

 

[ILKERELEREN]

Issue 1:If I show the pictures, licence plate number and house address of other violators, does the other neighbor have any right to sue me or do I have interfere to their privacy? Or HOA can sue me due to these pictures although I help them to apply the rules. It looks like HOA had given special exception to some of the houses. They have been using the visitor parking last 2 years and either they ignore the warning and fines or something else. Because nothing has been changed. Since I can proof that with the pictures, does it mean that other houses can get the same waiver/exception in case of utilizing visitor parking. Can I sue the HOA because of this discrimination and double standard? Is it considered discrimination? We spend too much money to move our nephew to somewhere else, although we were told by sales agent -Centex Homes that we can utilize visitor parking for third vehicle during the construction 5 years ago.
That agent knew that we had needed parking spot for third car since it is one car garage townhome. Can we go back and sue this agent and/or Centex due to misinformation
Issue 2: HOA does not want to believe that our nephew has moved out. They tag his car when he park to visitisor's parking since he is clearly visiting us. If they keep tagging his car, what kind of right to defend myself since they do not apply the covenants correctly? Do they have any right to tag his car and on what base? They say it is an extended stay but there is no exact definition of exact stay at covenant. It is clearly bias attitude.
THANK YOU VERY MUCH. I REALLY APPRECIATE YOUR COMMENTS WHICH LEAD ME TO CORRECT RESULT, I AM VERY SURE.

 

[dee_dub]

Issue 1:If I show the pictures, licence plate number and house address of other violators, does the other neighbor have any right to sue me or do I have interfere to their privacy?

As per above, anybody can sue anybody for anything. They have the right to sue you. They will not win.

Or HOA can sue me due to these pictures although I help them to apply the rules.

I have no idea why the HOA would sue you. That sounds like a very bizarre course of action for them to take, and if they did, they wouldn't have any legal grounds I know of for doing so.

It looks like HOA had given special exception to some of the houses. They have been using the visitor parking last 2 years and either they ignore the warning and fines or something else.

It sounds to me like they haven't been given a special exemption by the HOA - because they're getting warnings and fines - but the HOA is lax in chasing them down and enforcing the penalties.

Since I can proof that with the pictures, does it mean that other houses can get the same waiver/exception in case of utilizing visitor parking.

Not necessarily. What it probably means is they should be stricter in enforcing their rules.

Can I sue the HOA because of this discrimination and double standard?

I don't necessarily see this as a case of discrimination. But you could probably try to sue them in order to compel them to enforce their rules fairly.

we were told by sales agent -Centex Homes that we can utilize visitor parking for third vehicle during the construction 5 years ago.
That agent knew that we had needed parking spot for third car since it is one car garage townhome. Can we go back and sue this agent and/or Centex due to misinformation

Now THERE'S something. You might have a case of negligent or fraudulent misrepresentation, or arguably it is a part of your contract that you are allowed to park there. I suspect it is NOT part of your contract - typically you would have signed something to the effect that the written contract is the entire agreement and there were no verbal warranties. I also suspect misrepresentation might be exceedingly difficult to prove at this stage.

Issue 2: HOA does not want to believe that our nephew has moved out. They tag his car when he park to visitisor's parking since he is clearly visiting us. If they keep tagging his car, what kind of right to defend myself since they do not apply the covenants correctly?

Don't pay, let them sue you, and fight it in court. Or take it to your next HOA meeting and tell them to stop tagging your visitor's car in absence of any cogent reason for tagging it.

THANK YOU VERY MUCH. I REALLY APPRECIATE YOUR COMMENTS WHICH LEAD ME TO CORRECT RESULT, I AM VERY SURE.

Well, we'll see about that. HOA's are notoriously pigheaded.

 

[ILKERELEREN]

The other violators have not registered their car as house residents. So, I do not think they get any warnings to their houses. I do not see any tag on their vehicles. At teh HOA meeting, Can I ask HOA the amount of fines collected and from which houses, the reason of fines? Do they have to inform the residents with all the details of collected revenue which has been generated form fines? After this HOA management gained the power, they have converted the parking spot which had belonged to residents to visitor parking. How can we change it to resident parking like original? If we need to collect the signatures of residents, what is the amount should be? There is 107 townhomes here. How can I force HOA to show me that they have been tagging, sending letters etc enforcing the covenants towards other vialotars? There are lots of residents who are extremely upset with this management. We try to collect some signatures to make some changes at this management. What should be the number of signature at this petition? Can we force them spend our money in better way such as building a playground for kids, building an additional resident parking area, hiring a construction firm to investigate these options.....HOA does whatever they want. Mainly , problem is with board directors. How can we fire this HOA and find the new one with out being part of board? We do not even know who got, how many votes during the time of board election. Even one resident becomes a part of board, I think he will be thrown out for some reasons since they all want to keep the power together. They have done good things on our community but their recent threating tactics have been scared of everyone and created such an hostile enviroment in our community. As resident we used to go out the street while our kids are playing together. Now, everyone is afraid of getting a fine and spending time to defend themself. I wonder if there is right for us to breath in this community. When we had asked the president, he used to tell us " If residents do not like it, they need to move out". It is very simple according to them. It is very difficult to survive in this economy. Everyone is loosing their houses. they do not care to solve the issue in the community but fine right away. Since HOA members are single, we feel that we are not welcomed here anymore. We feel they think families with kids create the problem such as additional vehicle requires additional parking spot. Finally, we feel so much stress and pressure that I can not even explain. I have been arguing with my wife everyday. Most of the neighbours and us feel like we trapped. Do we need to keep fighting or move away. When my neighbour son becomes 18 years old next year, he has to drive a car and there is no place to park. I apprecaite if you can give us your opinion. Do we need to take over the board and make changes at covenants. Can we modify this standard covenants and how much signature do we need? Thank you very much again. And can we hire you as our attorney.
Sincreley,