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CCOC Decision Summary

#08-12, Ehrlich v. Sweepstakes Homeowners Association (June 21, 2013) (Panel: Alkon, Dubin, Fonoroff)

The homeowner complained that his HOA was not enforcing its rules banning parking of trailers and boats on the lots in the community.  He identified several lots that contained such violations.

The HOA responded that it had taken enforcement action against all the lots listed in the original complaint by sending out violation notices.  All but one of the violations were voluntarily corrected by the owners involved.  As to the last violation, it was not corrected and the HOA had filed a complaint with the CCOC against that lot’s owner.  After the HOA filed its formal complaint, that lot was also brought into compliance and the HOA dismissed its CCOC complaint.

The hearing panel, on its own initiative, ordered the parties to show cause why this dispute should not also be dismissed as moot.  The homeowner objected on the grounds that at least one lot was in violation; but the lot he identified was not one of those involved in his original complaint.

The hearing panel held that the mere existence of one violation did not, by itself, show that the HOA was not enforcing its rules.  If the homeowner could produce facts to show that the HOA was not taking action against a particular violation, he could file a new complaint on that issue.  The original complaint was now moot since there was no evidence to show that the HOA was not enforcing its rules.

The hearing panel dismissed the complaint.

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