Association Civil & Property Rights Discrimination

[Gunny Ozz]

February, 2006 I applied for a vacant position on the board of directors and planned running for the board at the annual election in March. March 1, 2006 the President of Home Owner Assoc. restricted my and my families Home Owners privileges. I and my family were prohibited from applying for a seat on the Board of Directors, voting at the annual election, restricted from the use of the Club House, Beach, Park, and Swimming Pool. He stated the (new small single axle) utility trailer on my property beside my house detracted from the aesthetics of the Development. There were no covenants against parking trailers on our property. This is a lake community. There were over 40 other boats, trailers including UTILITY trailers, and campers parked in the community. There were also TWO BOARD MEMBERS WITH BOATS AND TRAILERS. In April 2006 The Board posted new guidelines for Architectural Control trying to restrick boats and trailers. They became effective than. I believe my Civil and Property Rights and I was discriminated against by the President and Board selectively restricting me from applying for a seat on the Board.
What action can I sue on in small claims court? I only have until Feb 28. to file under the two year statute limit(?). Gladly give more information.

[able1]

Did they cite rules that they say permitted them to restrict you?

[Gunny Ozz]

Originally Posted by able1

Did they cite rules that they say permitted them to restrict you?

They quoted: GENERAL PROHIBITIONS. Prevent the existence of any other condition that reasonably tends to detract from or diminish the aesthetic appearance of the Development.
There is a covenant: GENERAL PROHIBITIONS. Vehicle Parking. No campers, trailers, boats or similar vehicles shall be parked on any street in the development.
1. This aesthic regulation is too subjective to apply to conditions not covered by existing covenants.
2. Their action was an attempt to circumvent the legal process of changing the legal Declaration of Restrictions concerning trailers by appling the aesthetic appearance Covenant to it.
3. I have filed a lawsuit.