Q: I believe I'm being discriminated against for decorating the common area
I decorated the common area with plants and statues and few other outdoor items as does numerous amount of people and my neighbor complain that it WAS TOO MUCH JUNK so now I'm being fined and they made me take it down and they also threw away some of my plants .. I need to have this issue resolved, they want to also charge owe $150 , which I dont have.
A: You have no right to decorate the common area. It belongs to all members of the HOA and there are rules concerning its maintenance. You need to follow those rules.
A: Your question is not one of personal injury; it is a question about your rights under the CCRs and other governing documents where you live (I assume you live in a condominium or other PUD). HOAs can be very discriminatory when it comes to decisions about what can and cannot be done with common areas. Usually, an architectural committee makes these decisions. However, the entire HOA may also be voting on what is allowable in a common area. You are probably fighting a few people on the Board who didn't like what you put in the common area. The question is: did you get permission to alter the common area before you put in your plants and statues? If not, they have a right to object to what you did. The best thing you can do is simply take out what the HOA considers to be offensive, or "junk," and avoid a long battle with the HOA. It is not worth it.
Dale S. Gribow agrees with this answer
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