Post #320254 by Bay Park Buzzy on Fri, Jul 20, 2007 7:27 PM

One thing HOAs need to do is demonstrate that the regulation is being enforced uniformly throughout the CCR area. I'd have to see the wording of covenant restriction, but it seems that you could argue that if bbqs, candles, and smoking were allowed, tiki torches should be too. Could you actually lose a case for having a votive candle on your porch under these restrictions? If they maintain that you cannot have them, then request that the flamable/explosives oridinance be equally enforced for bbqs, and smoking. If there is a bbq in a common area, or in ANY neighbors yard, insist that it be removed, in writing, as per the CCR restrictions that banned your flames. That will help establish the case that you are being singled out, if any type of other outdoor flame is permitted, under any case, anywhere else in the Covenant. If they do not initiate the same actions against all neighbors and common areas, as they did with you, then you can play the random and discriminatory enforcement card. Or move.
Finally, make sure you do everything in writing and insist that any personal contacts that are made between you and enforcement officials are summarized in writing, by the enforcement person. As always, request this request for the letter in writing.

Former Code Enforcement Official of the Association of Rancho Santa Fe, Ca. Buzzy Out!