Your location (i.e. state) will determine the answer to your question. States have different laws on what HOA's can and cannot do. Louisiana for example is relatively specific on the subject.

In the case of non-enforcement for 7 years, it will also likely matter whether the "no kamado style grill on balconies" rule is a true HOA creation or a pass through regulation pulled from your municipality's building codes. As others have said it could also be an insurance thing, in which case you will lose any dispute.

You should probably just move the grill. Anything else will do nothing but cost you money, one way or another.

This post was edited on 3/21/23 at 4:29 pm

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Posted by tigerpimpbot

Chairman of the Pool Board

Member since Nov 2011

68330 posts

Posted on 3/21/23 at 4:25 pm to HeadSlash

quote:
My kamado style grill has been on my balcony and now it's a fire hazard.

Like others said, new board, new insurance or something like that. But if they allow anyone else to have one and are only selectively enforcing against you, you can tell Ryno and Net to go to hell even if they show up in their machine gun mounted golf carts to your place.

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Posted by East Coast Band

Member since Nov 2010

65849 posts

Posted on 3/21/23 at 4:37 pm to HeadSlash

I'll go ahead and take that grill off your hands, since you have no more use for it.

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Posted by Trevaylin

south texas

Member since Feb 2019

8691 posts

Posted on 3/21/23 at 4:37 pm to Tvilletiger

when you fight an hoa, you pay for your attornies, and for your foes through dues and assements. Most effective way is to mobilize membership and vote out the existing board.

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Posted by soccerfüt