Hi Folks,
I have a question regarding what may seem a trivial issue regarding a yellow umbrella and the HOA for my rental property. Trivial, yes, but the threat to be fined is not.
Can an HOA enforce or impose a fine for an unwritten rule? They are citing the following written rule pertaining to outdoor furniture. "Only 'regular outdoor furniture can be used". But they go on to say in their own words, 'patio umbrellas must be of a 'neutral color' even though the 'neutral color' language is nowhere in the rule as written in the CC&Rs. Additionally, there are other umbrellas in the community of red, blue and even lime green, none of which are considered to be 'neutral colors'. Our tenant's new umbrella is yellow.
Clearly this HOA is being selective in their enforcement and clearly there is no written rule stating 'neutral colors' are all that are permissible. We are new owners and we feel we are being singled out, why, we don't know.
We have responded in writing to the HOA's demand and it sent another letter that completely ignored our response but only threatened a fine for non-compliance. A hearing is scheduled for October 15.
Has anyone had a similar experience? Can the HOA impose a fine for an unwritten rule and if so is small claims court their only means of collecting? We'd be more than willing to plead our case in that court where more reasonable minds might prevail.
Thank you in advance for your comments.
I have a question regarding what may seem a trivial issue regarding a yellow umbrella and the HOA for my rental property. Trivial, yes, but the threat to be fined is not.
Can an HOA enforce or impose a fine for an unwritten rule? They are citing the following written rule pertaining to outdoor furniture. "Only 'regular outdoor furniture can be used". But they go on to say in their own words, 'patio umbrellas must be of a 'neutral color' even though the 'neutral color' language is nowhere in the rule as written in the CC&Rs. Additionally, there are other umbrellas in the community of red, blue and even lime green, none of which are considered to be 'neutral colors'. Our tenant's new umbrella is yellow.
Clearly this HOA is being selective in their enforcement and clearly there is no written rule stating 'neutral colors' are all that are permissible. We are new owners and we feel we are being singled out, why, we don't know.
We have responded in writing to the HOA's demand and it sent another letter that completely ignored our response but only threatened a fine for non-compliance. A hearing is scheduled for October 15.
Has anyone had a similar experience? Can the HOA impose a fine for an unwritten rule and if so is small claims court their only means of collecting? We'd be more than willing to plead our case in that court where more reasonable minds might prevail.
Thank you in advance for your comments.