Can you sue your HOA for selective enforcement or discrimination?

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We've been getting notices about the our trash can violating our HOA's covenants because even though it is in our back yard, it is visible from the street. We have been contacted about it 3 times. I took a walk around the neighborhood and counted 23 other trashcans visible. I took down the addresses to keep and photographed them and even talked to a few of these neighbors to see if they had been cited. When I addressed this with our HOA management, I was told word for word "We aren't talking about their trashcan. We are talking about yours." I've been spoken to about other issues in a very condescending way. My husband and I are in our late 20's so I feel we are being singled out because of our age. They won't drop it but it's been over a month and I know they haven't cited anyone else.

Attorney Answer

1
James Faucher ·
Sure you could, but it is almost certainly not worth it. You would incur the cost of paying for your own lawyer, and you would also be indirectly paying for the HOA lawyer as part of your monthly dues, so even if you had a successful claim, you would almost certainly spend more on attorneys fees then you could hope to recover. You are experiencing the significant downside of living in a development that has a homeowners association. As is the case with most HOA boards, I assume you're bored is populated with folks that have nothing better to do than flyspeck their neighbors yards. Don't engage them in their game. Move your trash cans.
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