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    Wirewheels's Avatar
    Wirewheels Posts: 1, Reputation: 1
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    #1

    Aug 10, 2009, 12:28 PM
    How do I enforce the HOA bylaws?
    Hello all,

    I live in a neighborhood with an HOA and have read very explicit words in the bylaws about keeping the "view corridor" open between houses on the lake side of the street for those of us on the other side of the street to enjoy the lake view. The home owners across from me don't and won't recognize this clause and refuse to adhere to it. Oh, and the board is made up entirely of those on the lake side! What can I do? I've been told by some local legal counsel that the rules here in Idaho are too lax and impossible to enforce. Any advice, beside sell and move?

    Thanks.

    Brian
    N0help4u's Avatar
    N0help4u Posts: 19,825, Reputation: 2035
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    #2

    Aug 10, 2009, 01:13 PM

    If your city counsel won't do anything the only other two things I can think of are the building codes inspector and the board of health.
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Aug 10, 2009, 05:14 PM

    If the by-laws are explicit you can sue the neighbors and the board for not enforcing them. You will probably win, but, living in the same house might become very uncomfortable if you do.

    You can also try running for the board and then work on get the rules enforced.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 11, 2009, 07:24 AM
    Quote Originally Posted by Wirewheels View Post
    ... I've been told by some local legal counsel that the rules here in Idaho are too lax and impossible to enforce. ...
    I suspect that the problem may be that the bylaws are poorly written by non-lawyer board members who really don't care if they're enforceable or not. If so, the courts may be unwilling to enforce vague and unclear rules. Is that what you're the attorneys you consulted are telling you?

    So I agree with ScottGemm. If you want something done right, do it yourself. Run for the board.

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