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Best practices dictate that the owner require the board to produce evidence of notification to owners of the rule or regulation that is the topic of the violation.

False witness and false accusations signal serious misconduct by the board, since generally, they can bring the action, they can adjudicate the matter and they can decide your guilt. This is decidedly un-American, per our Constitution.

Otherwise, you can seek the services of a local, common interest community-savvy attorney who represents owners and take your violation notice and your copy of the by-laws to your first interview.

The attorney may or may not take your case.

You can also gather other owners who do not agree with this enforcement action, and -- according to your governing documents -- call a meeting of owners and recall the directors.

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9y ago
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6mo ago

If a homeowners association is writing violations that are not supported by the bylaws or the majority of the membership, there are a few potential actions to take. First, review the bylaws and any governing documents to verify the association's authority. If the violations are indeed baseless, you can try resolving the issue by discussing it with board members or attending association meetings to voice concerns. If these methods don't yield resolution, seeking legal advice or mediation may be necessary to address the situation effectively.

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Q: What can you do legally when a homeowners association write violations that are not supported by the bylaws or the majority of the membership?
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