A Scottsdale homeowner who says he feels singled out for rule enforcement in his homeowners association is fighting back.

When Sands North Homeowners Association President Sandra Price texted homeowner Sean Bandawat earlier this month and told him to replace a missing gate outside his townhome or face a $2,500 fine, he offered a one-sentence reply:

“My attorney will be in touch — “

When the HOA followed up a day later with a letter to Bandawat saying the gate’s removal constituted an architecture change and required replacement, he kept his promise.

Bandawat’s lawyer wrote a letter to the HOA, saying that several properties in the neighborhood do not display the original wrought-iron gate. Bandawat said the gate leading into a front courtyard area was damaged after movers ran into it and that it would be costly to replace.

“By singling Bandawat out where there are other gates missing as well, the HOA is breaching its duty of care,” Bandawat’s attorney wrote in the letter. “We believe that Mr. Bandawat was racially targeted simply because he is not Caucasian and is of a racial minority.” (Bandawat’s father is from India).

An attorney for the HOA would not comment and has yet to draft a response.

But an attorney who frequently deals with HOA matters says selective enforcement is often difficult to prove.  Read more: