Question:
I just received a violation notice indicating I can not use a car cover on my vehicles parked in my driveway. The HOA Board in this community does not consistently apply nor follow the by-laws when conducting meetings or issuing violations. there is nothing in the Florida statutes nor our by-laws preventing me from protecting my legally parked/registered vehicles. Should I just go ahead a get an attorney?
– Dexter
Answer:
Hi Dexter,
First, it is important to check your governing documents to confirm that there is a rule that prohibits you from using a car cover. If there is no such rule, then the HOA board can’t enforce it. Selective enforcement can be a big issue among HOAs, and it can even render rules void. Make sure to talk to your HOA board about the inconsistent enforcement of rules to see if you can resolve it internally.
If this doesn’t work, you can take legal action and claim selective enforcement in a court of law. However, you should know that lawsuits can be very expensive and time-consuming. There is also no guarantee that you will win your case. It is best to talk to a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
