When this owner first purchased the property, it was encumbered by CC&Rs restricting it to restaurant use only?
Q. The site could also be used for hotel but that will require a CUP." What is a cup.
Asked by Joe - Sun Feb 21 22:34:17 2010 - - 2 Answers - 0 Comments

Can a HOA be sued for not enforcing its own CC&Rs and bylaws?
Q. Can a HOA be sued for not enforcing its own CC&Rs and bylaws?
Asked by luv2help - Fri May 12 22:30:55 2006 - - 3 Answers - 0 Comments

A. Yes...HOA's can be liable for not enforcing their adopted by-lays. You should name each board member and sue them individually and as a board member.
Answered by deputydawg - Fri May 12 22:37:38 2006

Which LA county office can I find CC&Rs for my home owners association?
Q. Which LA county office can I find CC&Rs for my home owners association?
Asked by Ginger H - Fri Oct 6 20:14:15 2006 - - 2 Answers - 0 Comments

A. U should be able to get that from your HOA. If they will not help you, ask the members of the HOA board to which you belong for one of their copies. Individuals are usually more helpful.
Answered by a_911girl - Fri Oct 6 20:24:02 2006

Does anyone know the legal HOA Operating Rules and Standards for voting to add a provision to the CC&Rs?
Q. In California
Asked by LOWERIQ - Sat Jul 1 17:49:52 2006 - - 3 Answers - 0 Comments

A. It should be in your CC & R book of laws/bylaws.
Answered by ? - Tue Jul 4 17:18:25 2006

What's a CC& Rs (regarding condos)?
Q. What's a CC& Rs (regarding condos)?
Asked by Space Invader101 - Wed Oct 21 20:31:19 2009 - - 4 Answers - 0 Comments

A. Basically the neighborhood laws. Make sure you agree with them before you buy, they can be very invasive and many people hate them, but once you buy you have no choice but to live by them.
Answered by Janet P - Thu Oct 22 17:45:56 2009

hoa not enforcing cc&r laws. can I sue for damages of lost hoa dues?
Q. I pay $350 hoa fees. HOA is not enforcing CC&Rs. Can I sue for damages? I went to the board meeting. They told me they would discuss the issues in private and I was not privey to the action, if any, that would be taken. So far, (the last year or so), no action has been taken. I just write monthly complaints as my neighbor hood turns into a ghetto.
Asked by jeff c - Sat Nov 22 03:33:43 2008 - - 2 Answers - 0 Comments

When you're buying REO properties who pays for HOA Balance ?
Q. I just found out from CC&Rs that current owner has balance of over $6000 ! who usually pays for this ? I already have an accepted offer from them...
Asked by loui8 - Tue Oct 20 17:12:55 2009 - - 1 Answers - 0 Comments

A. If the HOA filed a lien against the property, then these fees are paid out of the escrow. I would drop my offer by the amount of the lien so I don't end up paying them. If the HOA did not file a lien, then tell the HOA to go jump in the lake. The HOA can chase down the former owner for the fees. Chances are the HOA filed a lien so drop your offer by the amount of the liens.
Answered by Ranger4402 - Tue Oct 20 17:55:38 2009

Home Owners Association update?
Q. If you read and answered my question (Home Owners Association Rights) I believe I failed to give you the background of the situation. Here is the question as I asked it and then followed by the explaination " I am the new president of our hoa. I have adopted a problem of some owners not paying their assessments. I am looking at what I can do to motivate them sooner than if we bring about legal issues. In our CC&Rs I find that the parking is common area. Even the reserved parking is common area. Can I tell owners that are very far behind that they can not park on our property? There is no such mention in the CC&Rs about this restriction other than the HOA has the right to assign and reassign parking spaces. Also we all share in water… [cont.]
Asked by edge60626 - Sat Sep 27 04:45:01 2008 - - 3 Answers - 0 Comments

A. This is far from an uncommon problem in condominium associations. If you have an attorney, or know of one who'll assist you, file the property liens first then sue the delinquent owners in court for what is owed as well as all costs and fees associated with the actions.
Answered by john g - Sat Sep 27 05:23:52 2008

Is this a crazy request regarding someone who is disabled?
Q. Our board is looking at doing monthly walk throughs and issueing citation letters to those who are not in accordance to our rules and cc&rs. This is in 100% agreement with the whole board including myself. In the past our board would allow board members to be an accidental over sight to enforcement. My spouse is disabled. He has the state issued handicap plaquard and is able to park in our disabled parking without a hitch. My spouse although disabled is able to be mobile, drive and do some basic light errands like a small grocery store run. He uses a small colapsable wire wheeled cart to take groceries from his car to our unit on the 4th floor without the cart being handy it would be impossible. My husbands disease is progressive,… [cont.]
Asked by Chunky Monkey - Wed Jun 4 15:12:05 2008 - - 11 Answers - 0 Comments

A. Regardless of the other board member's disability, your husband's disability requires that he use the cart to move items to and from your car to your unit. Under the Americans with Disabilities Act, public accommodations are required to make modifications to suit the particular needs of the disabled individual, as long as they do not pose an undue burden on the facility, both structurally or fiscally, and the standard by which the need is assessed is not a comparison to the needs of others. From the ADA website: "The ADA does not require the provision of any auxiliary aid that would result in an undue burden or in a fundamental alteration in the nature of the goods or services provided by a public accommodation. However, the public… [cont.]
Answered by CJ - Wed Jun 4 16:04:43 2008

WOW.. I got caught, what do I do know? :)?
Q. OK I got caught what now? My Condo association will figure this one out.? I am on a Home Owners Association board for our 60+ condo building. I serve with 4 others and it's frankly harder for all of us to get along then my 20 employees that I manage and supervise. 2 of the 5 seem to see eye to eye for the most part. The other 3 are loose canons they often make decisions and plans that are not governed by the local HOA laws, rules cc&rs. They planned a budget for 2008 that would shock you. They are under federal law suppose maintain our property with the money we pay. They ( the other 3 or majority) often make the decisions that need reminding they are working outside of what governs them. The president was asking to pass a vote to make… [cont.]
Asked by BeeBee - Thu Feb 28 23:53:26 2008 - - 3 Answers - 0 Comments

A. Personally, I would never live in a place with a HOA. They are supposed to be a good thing put in place by suitable representatives of the neighborhood to help protect home owners from unfortunate circumstances...almost like people helping people in a way. Its an insurance that you are paying to your community to show that you are supportive and contribute to a fund that not only helps others in the case of catastrophe or faulty pipes, but it also helps you as well in the long run. These days, this isn't the case. HOA's are after everyone for more money for stupid things when in reality if yourself and a bunch of your neighbors got together, went up to the Walmart, bought 1 gallon of paint each and spent a few hours on a Saturday… [cont.]
Answered by SoAZ Gal - Fri Feb 29 00:20:57 2008

My HOA is targeting me unfairly. What can i do?
Q. I have just recently purchased a boat and parked it on my driveway. Its been there a week while there is obvious construction going on for parking on the side. I have recently received letters that I am in violation of CC&Rs and will be brought to court unless something is done. This has made me indignent since there are a dozen homes in a block radius with blatant violations. Boats and RVs parked for over ayear, basketball hoops on the street, unkept yards, yet I am the only one being brought up. I plan on taking pics of the other violaters and playing the race card, since I am not white. Can I sue for discrrimination as well? I walked my dog and chatted the people with violations. No one said they have received a notice. I will… [cont.]
Asked by W G - Sat May 31 17:49:25 2008 - - 4 Answers - 0 Comments

A. Well, I don't know about what you can sue for - that's a question for a professional lawyer. However, definitely take pictures of other offenders! If you can, make sure you get the addresses of the houses in question in the picture (unless you can easily tell the houses apart). Get copies of the HOA "laws" or "rules" and read up on them first, though. Also, I'd take the pictures with a disposable camera. Get a copy of a newspaper and first take a picture of the newspaper with today's date shown clearly. THEN take pictures of the offenders and if you have space on the camera after you have taken pictures of all the offenders, take another picture of the newspaper with the date shown clearly. I would hold off on getting the pictures… [cont.]
Answered by The Silent Ninja - Sat May 31 18:09:17 2008

OK I got caught what now? My Condo association will figure this one out.?
Q. I am on a Home Owners Association board for our 60+ condo building. I serve with 4 others and it's frankly harder for all of us to get along then my 20 employees that I manage and supervise. 2 of the 5 seem to see eye to eye for the most part. The other 3 are loose canons they often make decisions and plans that are not governed by the local HOA laws, rules cc&rs. They planned a budget for 2008 that would shock you. They are under federal law suppose maintain our property with the money we pay. They ( the other 3 or majority) often make the decisions that need reminding they are working outside of what governs them. The president was asking to pass a vote to make homeowners pay an "assessment" because she thinks we need new pipes… [cont.]
Asked by BeeBee - Thu Feb 28 23:45:56 2008 - - 2 Answers - 0 Comments

A. The flyer was kind of a bad idea but it would be no different that if you just started knocking on doors and explaining your position. HOAs get catty but that is why when something is wrong someone needs to stand up and say something. So stand up and say fine, I wrote it. You know something is not right. So the heck with the rest of the people on the board. Present your evidence and go to it and who cares about the rest of the board. If it is really bugging you get a copy of the financials. It is your right to have that furnished to you even if you are not a board member. Go to the management company and ask them about this if applicable. Somewhat aside... I used to have this condo and I heard that there was going to be a special… [cont.]
Answered by jackson - Fri Feb 29 11:10:14 2008

Can a non formal HOA become a legal one?
Q. Thinking about purchasing a home in a neighborhood with a non-formal HOA. Seller built a shed and the CC&Rs say it must be 80% brick and it is not. I have been told that many people in the neighborhood would like to form a legal HOA. The developer of the neighborhood who is also the head of the architectual committee of the neighborhood told my realtor that it can not happen and he doesn't have a problem with the shed. Right now the HOA is optional and the fees are for the use of the pool. What do you think? Will they be able to form this and if I purchase and join this optional HOA in order to use the pool will I have a problem? There are many sheds in the neighborhood and none of them are brick. I guess this is why they want a… [cont.]
Asked by Heather F - Fri Jan 9 13:49:05 2009 - - 2 Answers - 0 Comments

A. I am a little confused by your question, but hopefully this info will help. There are 2 levels to an HOA. The first is the CC&Rs. Typically, a developer records the CC&R against the entire development before any of the individual homes are sold. The CC&Rs are said to "run with the land" and the buyers of the homes are subject to all of its provisions. In the CC&Rs somewhere there is a legal description of all the property that is affected by them. This can be a bit tricky, because sometimes developers will record the CC&Rs against just a few homes, and then record a series of supplements or annexations as they go along to bring in new homes as they are built. At any rate, all of the homes that are described in the CC&Rs are subject… [cont.]
Answered by J P - Fri Jan 9 15:08:45 2009

What would a mortgage lender do in this situation where they THOUGHT they had a clean loan closing but did not
Q. A new buyer has purchased a condo in our condo association (the "HOA") with a mortgage backed by the FHA. The FHA has a policy that they will not guarantee mortgages on properties where there is a Right of First Refusal (ROFR) on that property, owned by the other co-owners. The selling agent attempted to get this ROFR eliminated via an amendment to the HOA but they made a mistake in interpreting the CC&Rs that only a simply majority of co-owners needed to sign for the amendment to be binding. No! My real estate attorney reviewed the documents and it is clear that a unanimous vote is needed and the selling agent did not achieve that. I informed the Title Company / Closer at the time of the closing that a unanimous vote was needed and… [cont.]
Asked by John S. - Sun Jan 13 16:00:26 2008 - - 4 Answers - 0 Comments

A. FHA would rescind the guarantee on the loan and the bank that underwrote would be long the now un-guaranteed asset. It sounds to me that you handled the situation appropriately and are still covered under the ROFR for your HOA. You/your building/the new tenant will probably see no ramifications of the FHA pulling their guarantee (if it actually happens).
Answered by fergusson.turd - Sun Jan 13 16:22:35 2008

Condo violations? Do I have to change it?
Q. I bought my condo almost four years ago. In the last month I have received two notices that I am in violation of the CC&Rs. Both of these violations were present when I bought the condo and there were no outstanding notices about these things when I bought the condo. Is there any law that states I don't have to change these things since they were done before I moved in? I mean four years and they just now notice these things... In case you need to know the two violations are: 1) A gate at the top of the stairs that lead to our unit. They are dedicated stairs that we own and are responsible for upkeep. The gate was there when we moved in and we kept it because we have a three year old, we also thought other units have them, but… [cont.]
Asked by deedeevuu - Wed Mar 11 20:38:33 2009 - - 2 Answers - 0 Comments

HOA Tree roots damaged my sewage line, who is responsible for the bill?
Q. Our CC&RS state that each homeowner is responsible for the maintanance of their plumbing and sewage that services their home even if some of these pipes are in the common area. The HOA also in many occassions has stated that they own the trees in the common area and no one can trim them or chop them down. My sewage line was intact and the tree roots that grew on top and below it eventually starting growing inside the pipe by going in through the seam between the cast iron pipe and the clay pipe. The plumbers had to break the pipe to replace it. My HOA is claiming that trees do what trees do and since we are responsible for the maintanance of the sewage we are out of luck. And they refuse to take the trees down. The HOA is citing both… [cont.]
Asked by fiesty - Mon Oct 9 17:38:28 2006 - - 2 Answers - 0 Comments

A. If small claims means under $5000, then I think you should do it. The trees and sewage lines were laid out by the HOA and building contractor; they almost certainly vioilated a code somewhere along the line. Try to find an expert consultant on building and planting codes for advice (yellow pages). For example, who planted the tree? It should be a matter of record when that tree was planted. Were codes violated? If you can show that the HOA planted the tree in violation of code, you can sue them. Negotiating with HOAs is very difficult, I have done it before and you have my sympathies. I lived in an HOA in Fountain Valley, CA and had a few run-ins. Boy they really hated it when I was right. Keep the fight civil; they can harass you in… [cont.]
Answered by n0witrytobeamused - Wed Oct 11 12:04:20 2006

HOA Tree roots damaged my sewage line, who is responsible for the bill?
Q. Our CC&RS state that each homeowner is responsible for the maintanance of their plumbing and sewage that services their home even if some of these pipes are in the common area. The HOA also in many occassions has stated that they own the trees in the common area and no one can trim them or chop them down. My sewage line was intact and the tree roots that grew on top and below it eventually starting growing inside the pipe by going in through the seam between the cast iron pipe and the clay pipe. The plumbers had to break the pipe to replace it. My HOA is claiming that trees do what trees do and since we are responsible for the maintanance of the sewage we are out of luck. And they refuse to take the trees down. The HOA is citing both… [cont.]
Asked by fiesty - Mon Oct 9 17:39:00 2006 - - 2 Answers - 0 Comments

A. Sorry, but it is your responsibility. Instead of risking your money (and aggravation) of going to court, maybe you should just invest that money in a repair. And, when you have all (or a portion) of your line replaced, you can begin a preventative maintenance, to prevent the roots from ever getting established again. First, the new line will probably be pvc. Once "glued" together, they are much more effective in keeping out tree roots than the old terra cotta pipes were. Also, you can put a root killer down your sewer which will dissolve SMALL rootlets. One name brand is KK-77 by Roebic, but it's not the only brand available. Do this about every other month, to keep your lines root-free.
Answered by OShenandoah - Thu Oct 12 14:23:05 2006

HOA Tree roots damaged my sewage line, who is responsible for the bill?
Q. Our CC&RS state that each homeowner is responsible for the maintanance of their plumbing and sewage that services their home even if some of these pipes are in the common area. The HOA also in many occassions has stated that they own the trees in the common area and no one can trim them or chop them down. My sewage line was intact and the tree roots that grew on top and below it eventually starting growing inside the pipe by going in through the seam between the cast iron pipe and the clay pipe. The plumbers had to break the pipe to replace it. My HOA is claiming that trees do what trees do and since we are responsible for the maintanance of the sewage we are out of luck. And they refuse to take the trees down. The HOA is citing both… [cont.]
Asked by fiesty - Mon Oct 9 17:39:13 2006 - - 2 Answers - 0 Comments

A. I think you have a good case. It all depends on the wording in the CC&R's, and how the court defines the work 'maintenance' that each homeowner is responsible for. A narrow definition would be: you are resp. for internal blockages caused by your family (grease, hair, washcloths, etc.) as well as any excavation performed by you or a worker you hire. And natural events (earthquakes, floods) 'due to acts of God.' A wider definition would include damage due to the HOA trees. Note that many cities have codes for city provided trees and sidewalks in front of single-family homes, but the city's code usually puts the responsibilty on the homeowner to maintain the tree and sidewalk - even if the tree roots cause the sidewalk to buckle and… [cont.]
Answered by Tom-SJ - Fri Oct 13 14:16:13 2006

HOA Tree roots damaged my sewage line, who is responsible for the bill?
Q. Our CC&RS state that each homeowner is responsible for the maintanance of their plumbing and sewage that services their home even if some of these pipes are in the common area. The HOA also in many occassions has stated that they own the trees in the common area and no one can trim them or chop them down. My sewage line was intact and the tree roots that grew on top and below it eventually starting growing inside the pipe by going in through the seam between the cast iron pipe and the clay pipe. The plumbers had to break the pipe to replace it. My HOA is claiming that trees do what trees do and since we are responsible for the maintanance of the sewage we are out of luck. And they refuse to take the trees down. The HOA is citing both… [cont.]
Asked by fiesty - Mon Oct 9 17:39:32 2006 - - 2 Answers - 0 Comments

A. you can try to sue, but alas your going toneed some patience and some luck. Your also suing those whom you will have to deal with daily on other matters. is it worth it?
Answered by Lord Darkgoth Nitesabre - Fri Oct 13 14:37:26 2006