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Originally Posted by Happy Monkey
How about getting revenge on whoever in the HOA decided to fight the lawsuit?
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Yikes. The HOA cannot pick and choose which violations they enforce. The minute they overlook one that was brought to their attention, they become toothless (legally) since any subsequent lawsuit will surely point out that other infractions were permitted.
I don't think its entirely fair to blame the HOA for enforcing its rules. Those rules were part of the reason folks moved in there to begin with. The blame lies squarly with the offending neighbor upon whom much wrath is deserved.
And now, a precedent has been set such that others who might be tempted to skirt the regs know that they will have to fight a battle in court to win.
This can be a good thing if you live next door to a guy who decides to put his car on blocks in the front yard and hang his dirtly laundry from his windowsills they day before you meet with the listing agent to sell your house.