Selective Enforcement and Retaliation
House rules, fines, alteration approvals or arrears procedures applied to a dissenting or complaining owner in a way they are not applied to others.
NEW YORK
No agency has jurisdiction
A plenary action, or a defence raised after the fine has already been levied and the lien already filed.
VIRGINIA
30 days
Common Interest Community Ombudsman: a notice of final adverse decision may be filed with the Ombudsman within 30 days of the association's decision — Va. Code s 54.1-2354.4(B) · source
2 verified cases — 0 against a board, 1 for a board, 1 split, 0 open. No clean finding of liability against a board in this bucket.
What the board is said to have done
Revoked a unit owner's parking privileges over special assessments she said had been imposed without authority, and had her car booted when she did not move it.
A tribunal rejected this claim.
Board prevailed
What the board is said to have done
Withheld consent to a shareholder's replacement of HVAC units the cooperative had previously approved, under a lease clause saying consent would not be unreasonably withheld.
No tribunal ever decided this.
Split decision — merits not decided; allegation, not a finding