Can I sue my HOA or Condo Association for selective enforcement? – Perez Mayoral

This transcription was AI generated

Transcription:

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You can sue your HOA, your condo association for selective enforcement. Now, the concept is a little bit tricky because selective enforcement originates in the law as what’s known as a def affirmative defense, meaning it’s a defense in a claim. For instance, if your association is suing you for an

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alteration you’ve made to your property, however, your neighbor has made that same exact alteration and is not being sued. You can defend that case by asserting an affirmative defense known as selective enforcement. However, over time, there is some evolution in that

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theory that has set some legal precedent for the position that selective enforcement can be brought forth as an affirmative claim. Now, it’s a little bit vague in the eyes of the law. Nevertheless, as a law firm, we have asserted claims successfully for selective enforcement against

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associations wherein we pursue, we prosecute the association for selectively enforcing rules against the homeowner.