SELECTIVE ENFORCEMENT

I have examined the covenants for High Gables in detail and see potential issues with respect to the following ones, which I identified in my December 13, 2005 letter to the HOA's attorney, Jay Pontrelli (the following is excerpted verbatim from my letter):

4. I believe the HOA has a pattern of picking and choosing the covenants it wishes to enforce, and I intend to raise issues regarding at least the following covenants, restrictions and requirements and/or obtaining evidence that the required approvals have been obtained by members of the HOA as required by the Declaration and/or the Standard Building and Design Specifications:

"[a]ll lots shall be used for single family residential use only and no structure located thereon shall be used for a church, school, kindergarten, beauty shop or any commercial purpose..." (this prohibition certainly includes any home business use and may include home schooling)

"[a]ll residences shall have a two-car, enclosed garage [and] no parking pads (utilized in lieu of an enclosed garage) or carports will be permitted..." (the intent of this prohibition is to keep residents from parking in their driveways on a permanent basis rather than in their enclosed garages)

"[a]ll front yard areas within each lot shall contain an automated water irrigation system..." (which also implies that same should be required to be used to keep lawns green during dry times)

"[s]atellite dishes will be permitted only if they are in the rear of the house and attached to the main structure of the house and measure 18 inches or less...[and] all equipment shall be painted to match the color of the structure to which it is attached..."

"[a]ll clotheslines, garbage cans, wood piles and waste shall be screened so as to conceal them from the view by neighboring residences and streets..."

"[p]rior to occupancy of a residence, a Lot shall be suitably landscaped in accordance with landscape plans required by the Architectural Control Committee.

"[n]o business trades, commercial enterprises or product distribution shall be conducted on any lot..." (this prohibition applies to home offices, telecommuting to work and home-based businesses)

'[t]he Association may allow reasonable variances and adjustments of the above and foregoing conditions and restrictions [in] order to overcome practical difficulties and prevent unnecessary hardships in the application of the regulations [contained in the Declaration]..."

"[w]henever a garage faces a street, double 8 feet wide doors are required with an [sic] appropriate front elevation level of detail [and all] garage doors should have an appropriate head detail such as jack arches or wood pediment..."

"[n]o tree over a 6 inch caliper shall be cleared unless within 20 ft. of the house structure, in the driveway or unless specifically approved by the ACC..."

"[r]oof projections and vents shall be located so as not to be visible from the street and shall be painted to match the roof..."

'[e]xposed concrete shall always have a painted stucco finish..."

"[a]ll street-facing elevation chimneys must be brick, stucco or stone..."

"[f]ront porches must be at least six feet deep unless otherwise approved..."

"[m]ailboxes shall conform to the neighborhood standard and when possible shall be placed on the left-hand side of the driveway, but shall in no case be closer than 6 feet to the property line."

"[m]odifications are any repairs, changes or additions to the house or lot after the homeowner has closed[, all] such work must be submitted and approved by the [HOA and include] the following: [(i)]...[b]asketball goals must be mounted on a clear backboard with black trim and a clear goal [and normally] locations will be approved only if behind the front corners of the house...[; and (ii) air conditioning units] must be screened from view of all adjacent properties and streets..."

"...any Property Owner may enforce the covenants and restrictions contained [in the Declaration]...by any appropriate proceeding at law or in equity..."

High Gables Main