Homeowners Association DisputesSome neighborhoods and subdivisions in California require that homeowners join a homeowners association, or HOA, upon purchase of a property within the community. HOAs have certain rules that their members must follow as it pertains to their home’s appearance and the condition of their property. These rules are designed to protect the value of the homes within the subdivision as well as the quality of life of the neighborhood’s residents.
How HOA Regulations WorkIn California, Homeowners Associations (HOAs) are required to draft a Declaration of Conditions, Covenants, and Restrictions (CC&R). This is a document that officially sets forth the rules and regulations that members of the HOA are required to abide by. Before purchasing real estate in an HOA community, prospective buyers are provided with a copy of the CC&R to review. Once the real estate transaction is made, the buyers are legally bound to the rules of the homeowner’s association.
Changes to the CC&R are made fairly frequently. This usually occurs through a vote by HOA members. It’s important to stay abreast of any and all changes made to HOA regulations so that you can remain compliant.
What Is a Homeowners Association Property Dispute?A homeowners association property dispute is a disagreement between the HOA and the homeowner. Usually, these disagreements can be settled by carefully reviewing the terms and conditions of the CC&R, but it’s not always that simple. In some cases, homeowners feel their rights are being violated or that the HOA is practicing discrimination, for instance. Other HOA disputes that may become adversary include unlawful restrictions, excessive fines, denied home improvement plans, and more.
How Can A Real Estate Attorney Help With California HOA Disputes?With HOA disputes, California law requires that the association meet and confer with the homeowner through an internal dispute resolution process. A real estate lawyer can assist you through this process to ensure the proper procedures are adhered to. If the matter cannot be resolved internally through attempts at homeowner association dispute resolution, then formal litigation may be required. Should the case go to court, you’ll need an experienced attorney to represent your best interests.
The real estate attorneys at Ensberg Law Group have extensive experience with HOA disputes. We’ve represented numerous clients in West Covina and the surrounding areas in disputes against their homeowners associations. We can help you too. Just call us to schedule a private consultation.
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