On Tue, 19 Aug 2014 07:28:35 EDT, KC4UAI wrote:

The process the HOA usually goes though is to 1. send a warning letter
giving me 30 days to "fix" any problems. 2. Sending the "official"
notice that they intend to fine me, setting the "final" deadline.
3. Then, they can start assessment of fines and/or fix the problem
themselves at my expense. All this costs them $$ up front as the
management company bills them at each stage.

I am very familiar with this process because, inter alia, my
sister-in-law's "s.o." is an attorney that represents HOAs in
collecting those fines. We have had interesting discussions.

In California at one time, the burden was on the HOA to show that the
restriction was reasonable. While we were in the process of taking a
significant CC&R case to retrial (Hotz v Rich, San Mateo Country, CA
1993) the California Supreme Court shifted the burden to the
respondent (in this case, Jimmy Rich, the ham operator) to show that
the restriction was "unreasonable". We tried very hard to do that
because the restriction was totally unreasonable but the judge was
unimpressed, and Jimmy had to take his 75 foot crank-up tower down.
This in spite of the (pro bono) work of four attorneys, a professor of
electromagnetic at a major university, and several neighbors and
dignitaries testifying to the need for such an antenna height.

When one starts with court trials, it's a crapshoot.

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel