WHY CARE?
I know that when it comes right down to it, many of my friends and neighbors
are willing to look the other way about this matter because they think it
does not involve them and is not their problem. The few that have
approached me about this matter assume that the HOA dropped its Complaint
once I poured my driveway, and they seem surprised when I tell them it did
not. Once I let them know that, however, and presumably because there
is no direct real cost to them and they have better things to do anyway,
they wish me luck against the HOA Board and put it out of their minds.
Too many neighborhood associations have run amok for too long, and most
people find themselves trying to stay below the radar rather than
confronting head-on some of the unreasonableness they see.
If you do not believe this is something that can or will affect you, guess
again, especially if you happen to live in a neighborhood with so-called
"protective" covenants. It may only be a matter of time before a new
group of HOA Board members with a vendetta or peculiar "hot buttons" decides
that a particular "violation" of their neighborhood covenants is no longer
okay and that they should do something about it. While there are legal
and equitable concepts like laches and estoppel that may save the day, it
still could cost a substantial amount in attorney's fees to make those
arguments and most of us do not have the resources or stamina to fight the
necessary fight.