How can I force my homeowners association (HOA) to enforce HOA covenants?

Question

Our HOA does not allow parking of commercial or recreational vehicles other than in a homeowner's garage.  I bought in this subdivision BECAUSE it has an HOA and the HOA has parking rules.

Over the past year from time to time I've reported violations.  Each time I do I'm given some excuse as to why the HOA cannot enforce the rule "just now."  Some violations have been reported as many as six times and have been going on for well over one year.

Currently, the HOA is still under the developer's control.  We have not elected a board and will not until they finish building and turn over the property.  Meanwhile, the violations continue.

Is there anything I can do to force the HOA/developer to enforce the convenants we all agreed to live by?  I can't afford to sue the board on my own, but if small claims court is a possibility, I'd be willing to make a case there.

Thanks in advance for your help and recommendations.

loanmasterone · Accepted Answer

Are the commercial vehicles you are having a problem with connected in any way with the construction that is occurring in finishing the development? If so this will continue until the construction if completed.

If you are speaking of current homeowners that have commercial vehicles parked on the streets or in their drive way, they might be complying with the restrictions as the restriction might be geared more toward the size of the commercial vehicle.

A person might be able to park a commercial pick-up truck with advertising signs on a street or in a drive way. A 2 ton truck or semi rig might not have the same protection.

The other factor that might be considered is the board is not made up of individual home owners that reside and pay into the HOA. Therefore since they have no real reason to have great concern of illegal activities happening. Also the current board might not want to cause a rift of any sort between the current developers board and the current homeowners, therefore some illegal activities might be over looked.

There is no real solutions to the problem, unless you would consider taking the developers board to court for failure to enforce the laws of the association. This would not be a small claims court case as you are not financially damaged for an amount of money. This is a civil case.

I hope this has been of some benefit to you, good luck.

"FIGHT ON"

Anonymous · Answer

Presumably, if the HOA is "still under the Developer's control" they have not finished building the development, is that right?

How, pray, do you propose they DO finish if commercial vehicles are not allowed? Should they use amateurs, or "volunteers" to complete construction?

Do you have ANY idea how ridiculous your question makes you sound?

jack · Answer

Sue in court will get it going,  You never specified what type of transgressions. Is somebody parking an Peterbilt tractor in the drive? Or is it a daily driver Ranger pickup with a cap and commercial tags?

? · Answer

Sue them, small claims court is a waste of time

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How can I force my homeowners association (HOA) to enforce HOA covenants?

4 Answers