At this point, people in the neighborhood are wondering if there’s anything that can be done, and if so what.
I’d appreciate hearing from anyone who’s had similar experiences or who has good knowledge about this sort of situation.
Thanks,
XBoxBoy[/quote]
It depends entirely upon what is written in your governing documents and whether the current HOA board has the desire to enforce them.
Most governing docs outline penalties for those who flaunt the rules and process, with graduated fines that increase with time.
What varies widely is how far an HOA can go to ultimately enforce the rules. Some HOAs can actually foreclose on the homeowner when they get high enough in arrears on what they owe. Some HOAs are banned from foreclosing if all that is overdue is fines, but they can still lein the home and wreak havoc if the owner ever tries to sell. Some HOAs have no teeth at all.
Check your docs, then let the board know you as a neighbor want those docs enforced.
(Also note that enforcement must be done in a uniform manner – if they haven’t been enforcing the docs in the past, they could open themselves up for a lawsuit if they choose to do so only in this one case)
