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Selective enforcement by hoa

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selective1

Junior Member
What is the name of your state (only U.S. law)? Ohio


Im located in Ohio and on disability for severe p.t.s.d.

Can I file a lawsuit against our hoa under 42 u.s.c. 1983 for selective enforcement?

The hoa is selectively enforcing me and many others are allowed to break the same rules enforced on me. I have plenty of documentation, photos, and witnesses.

Also recently I was sent a letter from the board wanting to hold a mediation between myself and a neighbor. Both of us rent the units. The hoa said in the certified letter both parties-renters-and owners must attend. if both either party shows without an owner and tenants present the mediation would only be heard with the side that has the owner tenant present. We went both us and the owner and the other side only had the tenants show not the owners.

The lawyer for the hoa was there and the mediation was supposed to start at 7pm. the attorney for the hoa kept chit chatting with us and we were wondering why he didn't start the meeting. a few minutes later we heard the association property management company frantically on the phone desperately calling around for the other owner. they did this because they don't like me. 25 minutes later the owner still wasn't there and they allowed the tenants without the owner to mediate even though their own letter stated that wouldn't happen.

would we be able to sue under 42 u.s.c. 1983 for selective enforcement or would we have to sue under the state selective enforcement claim?
 


tranquility

Senior Member
"Selective enforcement" is not a civil rights violation absent something else. So, no. Even that is assuming an HOA would be considered a governmental agency--which I don't think it is.

But, even if it were something covered by civil rights and even if the HOA were a governmental agency, your facts are so minor so as to be rejected out of hand. Your remedy lies with your association board.
 

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