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Old 05-26-2015, 07:44 PM   #6
MarkinAZ
Formerly MarkinOR
 
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Join Date: Oct 2008
First Name: Mark
Location: Sun City West, AZ
Posts: 6,220
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Navy (Served With Honor)
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Default Re: Need some advice/legal advice

Your property is just too well manicured Scott. No wonder you received that threatening letter from the new HOA board

So, I was looking through my HOA' rules n regulations, and ascertained the following:

II. ARCHITECTURAL RULES, 13. GENERAL ACHITECTURAL states: "Exterior decorations or forms of self-expression such as flags, wind chimes, small statues, planters, or various ornamental items are permitted so long as they 1) do not damage or interfere with fences or other common areas; 2) are maintained properly where necessary; and 3) do not violate federal, state, or local ordinances. The Association respects individuals rights to express their cultural, social, or political views, but urges residents to be considerate of their neighbors."

HOA' in California are very strong, and are backed by California law. HOA CCR and Rules and Regulations are cookie cutter policies, but are unique as each board comes and goes, and also depend how involved the membership is on a monthly basis during board meetings (so there are no "back door" type of meetings with new rules being passed underneath the table).

I agree with Mark (markem) in that you have received a letter from the new board indicating (in all its broadness) that your property is not in compliance.

You need to send them a letter certified and registered and ask them to be specific and advise you what exactly is not compliant, and to cite you page number, section number, paragraph number, and any sort of amendment that backs up their allegation.

Yes, the ball will then officially be in their court.

BTW, some folks in NC probably don't care for the Canadian flag flying in the US of A. Kind of like some folks here in California fly the Mexican flag on their front yard in some parts of Los Angeles Just sayin....
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