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Tiki Central / General Tiki / Tiki Torches v. HOA rules

Post #335290 by mzoltarp on Fri, Sep 28, 2007 5:58 AM

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M

What's funny about HOA rules is that they are EASY to challenge legally. A friend argued two points when she took the association to court: (1) she had no choice but to sign the HOA...hence signing under duress...and (2) she argued that the rule she had broken was "arbitrary" and that her action was in no way damaging to the area. She won.

The HOA rule was that all homes in the tract had to be southwestern colors. After 10 years she painted her house white. They painted it terra cotta while she was on vacation and sent her the bill. She painted it white and took them to court where not only did she recover the cost of painting but damages as well.

HOAs often crumble under civil suits.

Of course I'd camp out at the person who is in charge's house and nitpick. lol