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Do I need a Real Estate Attorney?

Asked over 2 years ago - Woodridge, IL

My wife and I received a notice of violation from the HOA. The violation: Charcoal Grills and the use of Charcoal is prohibited.The same day as the receipt of our notice, a white resident displayed his charcoal grill also. We compared the notice of violation to the rules and regulation booklet and noticed that the HOA did not follow the procedures as set forth in it's own covenants and by-laws. Some things were purposely left out of the complaint. These violations of the HOA falls in line with but not limited to:(1)Selective enforcement of the HOA rules and by laws,(2)Denial of equality based on racially segregated living patterns and (3)Unjustifiable differences in treatment and the denial of equal enjoyment of human rights. I ask what is our legal recourse given the information above?

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Attorney answers (2)

Henry Repay

Reputation Level 15

Answered over 2 years ago. General Practice Lawyer in Belvidere, IL.

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First, make sure you are not making more of the situation than it warrants and take steps to build your case. Advise the homeowner's association representative in a polite letter that you are willing to abide by the rules, but that enforcement should also be initiated against other homeowners violating the rules and give examples. Also point out the procedures within the bylaws that should be followed, but do not stand on these technicalities to continue to violate the rules.

If the association continues to act in a manner that is discriminatory, then you can be represented for a fair housing violation. Keep in mind, however, that the association and your neighbors will be impacted.

Seek legal representation to more fully discuss your options and their impact. The scope of this site does not provide adequate opportunity for attorney and client interaction.

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Jonathan H Levy

Reputation Level 19

Answered over 2 years ago. International Law Attorney in Washington, DC.

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HOA's in my opinion often do the wrong thing for the wrong reason. Selective enforcement of rules - you bet. But if you think they are targeting you because of race - file a Fair Housing complaint. Even if the complaint goes no where you can file additional complaints for retaliation if warranted.

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