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Can a HOA cite, fine, and start foreclosure over something that's not even mentioned in the CC&Rs?

1 Answers. Asked on Oct 15th, 2016 on Real Estate - Utah
More details to this question:
We have had an attractive and comfortable couch on our front porch for 15 yrs. with no problems. New slipcover every 2 yrs & screened from view by a porch railing & bushes. Suddenly we began to get citations & fines for "debris", accomp. by a CC&R citation about yard waste. After multiple letters asking for clarification, no response, & cont. fines for debris, an Admin. Asst, told us that the HOA was talking about our couch. There is nothing regulating this in the CC&Rs, & throughout this whole process of fines, letter, fine, letter, the word "couch" was never used until, under threat of foreclosure, we had a 1 line email from the PUD Management Co. manager that said, "They want that couch off your porch". This was the 1st time "couch" was ever said in writing & it was not part of any citation. My husband went to a HOA mtg and was told they'd discuss it in a closed mtg. We heard nothing until a certified letter stating foreclosure in process. Fines at $1200.00 but issue still ??
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Answered on Oct 16th, 2016 at 9:03 AM

Arguably they can.

I'd have to review the CC&R and notices to make any further determinations.

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