My husband and I have been constantly harrassed for everything from having a vine in our common area, that several other residents have, to demanding we change the color on our house trim. A color we hate, but one they chose. After I took pictures of other houses in our complex with the same colors and some who have completely ignored their colors altogether, they sent us another letter dismissing the "violation". We can't take any more of this petty harassment. We are both retired and bought this house as our retirement home. They have made it a hell for the past 10 years. Help up please.
You need to hire an attorney to review the HOA regs and bylaws to determime the best course of action to take. You may have to take the HOA to court if they don't waive the violation fines and/or continue to fine you.
In California, HOAs have enormous power. For unpaid fines they can sue, get a judgment, lien and foreclose. For unpaid dues and special assessments they don't even have to sue first in most states. These boards are full of people on a monthly basis losing their homes due to HOA liens. They can do this even if you have a live mortgage you are paying on time. Take this very seriously. You need to read the CC&Rs and By Laws very carefully, as following them is mandatory, not optional. An HOA is a collection of people who have chosen to be bound by private contract (the CC&Rs) to live by stricter standards than just the laws of the City/County/State. Since they are a matter of private contract (you chose to live in an HOA) the courts usually give them great deference, especially in conservative OC. You chose to live in an HOA, and ignorance of the CC&Rs and By Laws are no excuse under the law. The HOA Board actually can have personal liability if they do not enforce the CC&Rs.
The fact that you think they are petty has no legal relevance. All that is legally relevant is that the violations are in the CC&Rs or By Laws. Read both documents carefully. If you do not see what you are doing as a violation, go to the next Board meeting and ask them what section of the CC&Rs or By Laws they are relying on. Then get the minutes of that Board meeting as proof of their explanation. The CC&Rs usually have a discretion clause, since not every violation can be thought of to put in these documents, they can reasonably exercise discretion for aesthetics and safety.
It is not harassment under the law if the person/entity making the repetitive conduct has a legal basis for it, and enforcing the CC&Rs is definitely not just their right, but their legal obligation. If you do not see your violations in either documents, do not think they are using their discretion reasonably and are not satisfied with the explanation you are given, then take all these documents to a local HOA attorney for review and advice on how to proceed. Be aware that when litigating against an HOA, the losing party has to pay the winner's attorney's fees.
Encroachments in the common areas and the HOA's limits on the coloring of houses are very standard in CC&Rs and the board has the power to do that. HOA living is not for everyone. If you do not attend meetings regularly, be careful about the "others are doing it" defense. Often times the subject of the other homeowners were discussed but you were not there to hear it. It is not uncommon for an HOA to disallow colors that were permitted in the past. Also, they could be taking action and you are not privy to that because that can be done in closed session if it implicates the attorney-client privilege. You can ask all those question at the meeting you are going to get the minutes of.
In California, the statutory scheme that governs HOAs is the Davis-Stirling Act. www.davis-stirling.com is a great resource. Please be advised that there is case law interpreting DSA.
