Flag says Jesus is my Savior, Trump is my President. Going to be fun seeing how this plays out, especially since the former HOA president had a "Black Lives Matter" in his yard all summer, of course it was removed the day the "For Sale" sign was put up. I have some others on my street buying them. Cancel this!
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So HOA restrictive covenants cannot be enforced if they are not enforced uniformly and consistently.
There is no cut and dry formula to show “selective enforcement” and (thus) “abandonment” of a restrictive covenant.
If the particular covenant is against display of any “flag” or “banner” it must be enforced uniformly.
HOAs are generally pretty shitty IMO. Not all but many are pricks with way way way too much time.
Represented a client against his HOA 10 /12 years or so ago. They ended ended up spending 25 or 30k in atty fees to get him to tear down a stone veneer mailbox and a couple of 12” flower beds. Big chunk was to pay him to tear it down.
They sued some other homeowners and ended up spending all the HOA money. Had to do assessment to fix the pumps in the community ponds when the broke later that year and the whole neighborhood started to smell like shit (sewage/ feces...not just smell bad). Fired or recalled most of all of the board shortly thereafter.
Cheapest house in that place is probably $350k up to couple million on the water.
Good points. When children are on sports teams in high school, parents can order a banner John Doe Varsity Football, or whatever sport /cheerleader. They have never enforced on those banners. I've asked to see all letters sent, the HOA went almost 20 years without sending letters, and now send letters for things there are no rules for based on Lots shall be clean rules. First letter I got I told them they abandoned the rules and they are now null. The board has the management company drive through and send out letters, ill ask for written processes, when they were approved, etc. I have a feeling the management company is the driver. They sent letters that garbage cans must be hidden from sight, no rule mentions garbage cans, just used lots must be. . . rule. They got blowback and never sent a second letter out.