Equitable defenses, part 1

When engaged in an argument with your homeowners’ association about building rules that they think you are not following, it would be helpful to consult this page on condolawyers.com and know your rights.

The basic equitable defenses are explained briefly below, but consult a lawyer in order to ensure that they apply to your particular situation.

1. Unclean Hands. Also known as “selective enforcement”. Simply put, if the association board members are violating the rules themselves or allowing others to violate the same rules they are accusing you of not following (for example, if the building rules say that grilling on balconies are not allowed but the board members themselves enjoy barbecuing hotdogs on their balconies), they have no right to enforce these rules on you or to single you out maliciously.

To be continued…