HOA wants me to remove my "Go Green" alternative lawn which, frankly, looks and feels 98% like real grass.?
Q. At first I was unaware that I had to place an application for approval to landscape my front yard ground cover. I whole heartily believed that it was my sole responsibility to maintain and personalize to my taste and likings. I receive a notice about 1 month after I landscape my front yard stating that I am in violation of the community CC&Rs, By-Laws, Rules and Regulations & Architectural Guidelines. The letter went on to state that those governing documents state that no "artificial" plants or lawns are allowed and I would also have needed to initially submit an application for architectural approval. So next, after I was now made aware that I need to submit an application do so, but I retort with an apology that I was… [cont.]
Asked by Calijm247 - Sat Oct 31 10:46:27 2009 - Garden & Landscape - 9 Answers - 1 Comments

A. Let me say how much I sympathize with you. But that will not help you. I cannot begin to understand how these "Boards" have the power to dictate, and on your property, however ... A previous Poster, Peace and Love, has given some good advice about media. Someone has said that the media rules the world, I do not believe this, but I do believe it can be used to get our story out before the public and, hopefully, get public opinion on our side to be used as a lever. The local media is good, but national makes more waves. There must be some environmental organizations near you. I am sure they would be willing to help, and they have "green" connections to get your case out and supported. There may be a local gardening club… [cont.]
Answered by S. P. M. - Sat Oct 31 12:26:46 2009

Does anyone have a copy of their Condo CC&R's? Looking for upstairs carpeting or area rug rule?
Q. We're trying to change the upstairs rule for our HOA. Does anyone have access to CC&Rs that have a rule for carpeting upstairs? Or a rule for a percantage of upstairs units to have area rugs? It would be nice to have the pdf file or at least the specific wording so we can find some good examples and maybe avoid paying a lawyer to draft it. Thank you. I am part of the association. We're trying to draft a rule about having a percentage of the upstairs floors covered with rugs or padded runners. We're looking for an example...there's nobody in the association to ask. That's why I asked the question.
Asked by Questions and Answers - Tue Jul 27 17:26:21 2010 - Renting & Real Estate - 1 Answers - Comments

A. All CCR are different, yours would be different than other buildings. Ask the condo association for a copy.
Answered by Appraiser guy - Tue Jul 27 22:43:23 2010

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 - Renting & Real Estate - 2 Answers - Comments

Can my HOA force me to remove my hardwood flooring?
Q. I bought my condo over 4 years ago and immediately installed hardwood flooring due to my partner's allergies. The HOA kicked up a stink as it was against their CC&Rs and demanded we remove them, though once we presented our evidence they moved on and the matter passed. Now we are looking to sell the place, and they have now demanded that we remove the hardwoods. Isn't there a length of time in which they should have forced us to remove them before we legally have the right to keep them? Our place is up for sale and we don't need this holding up a potential sale (and reducing the value of our unit too!) Thanks!!
Asked by Bobby - Mon Mar 29 17:59:49 2010 - Other - Home & Garden - 3 Answers - Comments

A. Before you bought the place you should have clarified the issue. It's nice that they let you keep your hardwood floors because of your partner's allergies, but now that you want to move your partner's allergies no longer provide a valid exemption from the rule. Don't make the HOA (and your downstairs neighbors!) regret having treated you with kindness and understanding. If I were on the HOA and you tried to pull this kind of a stunt I'd go over your place with a fine tooth comb and find every and any possible snag or hint of a violation to throw at you. Man up.
Answered by Murphy - Mon Mar 29 18:54:37 2010

How can we remove corrupt board members from our Home Owners Association?
Q. Theres a home owners association at the apartment complex in which I own a few homes, and we've been trying to get rid of the current board members because there extremely dishonest and corrupt. They don't abide by the CC&Rs, use company credit cards for there own personal benefit, made the entire apartment complex look like trash, and constantly harass everyone. They themselves have gone and changed the rules for there own benefit, and made it nearly impossible to kick them off of the board. Most of the other homeowners except a few are too scared to do anything about it and have just been putting up with it, the rest of us have run out of ideas as to how to get rid of them. Is there a local goverment office we can contact to get rid… [cont.]
Asked by v.e.n.d.e.t.t.a - Thu Nov 15 23:33:37 2007 - Renting & Real Estate - 2 Answers - Comments

A. The obvious answer is to organize the homeowners and vote those guys out. One thing caught my attention - the credit cards. If you have PROOF of this, it's a criminal matter. Maybe you can get together with at least 2 or 3 other homeowners and spend several hundred dollars and consult an attorney...
Answered by REALTOR - Fri Nov 16 00:21:29 2007

Rune Scape Seeking Items.?
Q. Hello i was offically dced during a fight risking 30m+ i need like 2m or 3m cash or barrows items would be very use ful if you can help join my cc rs name = Sir mike497 if ur saying your a noob or ur a nub dont bother commenting
Asked by Mike D rs hunter - Thu Feb 3 20:01:17 2011 - Video & Online Games - 2 Answers - Comments

How Can I Sue my Homeowners Association in California?
Q. I want the HOA to stop being power-hungry a holes and follow the rules set out in the CC&Rs and to stop giving their friends favors and not standing up for the rest of us.
Asked by Question Lady - Tue Aug 23 04:31:47 2011 - Law & Ethics - 1 Answers - Comments

A. The best way is to get all of the other people who feel the way you do together and hire an attorney for a class action if their are sufficient people interested, otherwise just file on your own with as good a lawyer as you can find.}{
Answered by NONAME - Tue Aug 23 07:11:20 2011

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… [cont.]
Asked by BeeBee - Thu Feb 28 23:45:56 2008 - Law & Ethics - 2 Answers - 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

HOA (Home Owners Association) CC&Rs Only Allows The HOA Board To See Financial Statement. Is This Normal?
Q. I live in a condo complex with 152 units/condos. We have a homeowners association and each condo owner pays several hundred dollars each month in HOA dues (mandatory!). I asked the HOA President if I could see the financial statement showing all monies taken in and all monies spent for maintenance, etc (and also how much we have in the bank). He said only the HOA board is allowed to see these financial statements unless I make an appointment with him and then he'll show them to me. Is this normal for HOA's? It seems that if I'm paying, I should be privy to the financial statements w/o having to setup an appointment AND they should be provided to each condo owner on a regular basis. But trying to get this info is like pulling teeth with the… [cont.]
Asked by Fernando - Wed Sep 28 13:44:35 2011 - Renting & Real Estate - 2 Answers - Comments

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 MsBliss - Wed Jun 4 15:12:05 2008 - Etiquette - 11 Answers - 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 - Etiquette - 3 Answers - 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 afternoon… [cont.]
Answered by SoAZ Gal - Fri Feb 29 00:20:57 2008

Who and how can CC&R's attached to a property be enforced with there is no HOA?
Q. That is, I have a property to be sold in the future. I want to set up some reasonable CC&Rs to prevent certain negative activities for which there is no county zoning code to provide guidance. Quite the opposite in fact. Someone could really abuse/contaminate the land with over population of large animals and still be within County code. With no HOA, can the neighbors who are negatively affected initiate action; what words should I use to allow this possibility if it should ever become necessary?
Asked by kcsew95667 - Thu Mar 13 23:23:22 2008 - Renting & Real Estate - 3 Answers - Comments

A. what is a CC&R? I don't think I have heard that term, however you can put reasonable deed restrictions on the property by recording them, however it is unusual to only record them on one particular property. Normally it is done in an entire subdivision. And although you can put restrictions on the property, since they are not municipal laws or restrictions, down the road, they might be tough to enforce.
Answered by Pat B - Thu Mar 13 23:32:56 2008

Home Owner Association Rights?
Q. 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 however each condo unit has there own shut off valve, can we change the CC&Rs so that we can cap the water to the unit and if we can, how do we go about doing this? I know we must take a vote and change… [cont.]
Asked by edge60626 - Sat Sep 27 01:29:12 2008 - Renting & Real Estate - 5 Answers - Comments

A. You need to check with your hoa's counsel. You will probably be violating heath code if you shut people's water off. How will you enforce parking space revocation? Have a tow truck on call? There are remedies for failure to pay assessments. Your ideas are simply dreadful and are what give hoas a bad name.
Answered by evilattorney - Sat Sep 27 01:36:39 2008

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

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

Home Owner's Association and rediculous request or not?
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 MsBliss - Wed Jun 4 14:53:10 2008 - People with Disabilities - 5 Answers - Comments

A. I don't like the answer I have to give. And it is one I have researched as I live in a condo and am on my condo board. A condo is a private residence, unlike an apartment building. The condo association does not have to abide by the ADA or 504 unless the condo receives government funding or rents out that portion of the condo association holdings to the public.
Answered by chiliswoman - Wed Jun 4 18:23:51 2008

I pay $350 hoa fees. HOA is not enforcing CC&Rs. Can I sue for damages?
Q. 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 - Sun Nov 23 22:57:57 2008 - Law & Ethics - 1 Answers - Comments

A. Look through the HOA agreement and rules to see what, if any, administrative procedures are provided for complaints, public meetings and appeals. If they're not following all of the rules, file a complaint of your own, and if they ignore it in violation of the HOA, you can sue them to enforce their own rules (it's a contract). Talk to a local lawyer who may help you find other ways to get compliance, such as suing them for the drop in value of your home because of their negligence.
Answered by bcnu - Mon Nov 24 01:09:43 2008

Neighbor's Contractor Damaged Property. What recourse do we have?
Q. We live in an area of California where yards are divided by fences deemed community property. A few weeks ago, our neighbor told us he was painting the fence on his side & was going to replace 2 posts the next day. Without our consent, the contractor poured cement in much wider holes in our yard and trashed our lawn. We spoke to our neighbors & the foreman who agreed to make changes. Instead, the workers simply put back the fence with the bottom slats missing and several pieces of wood damaged on our side of the fence. They also busted our sprinkler pipe. A friend who's a landscape architect said most of the fence couldn't be fixed & advised us to replace it, redo the cement & re-sod the grass. Before we made any repairs to… [cont.]
Asked by Merylin - Tue Apr 20 16:44:34 2010 - Law & Ethics - 3 Answers - Comments

A. Both the neighbor and contractor are responsible for the damage. Their agreement and insurance should work out what percentage each will pay.
Answered by James - Tue Apr 20 16:50:32 2010

Why don't banks and lending institutions realize Boards of Homeowner Associations often act against them?
Q. It is surprising that Banks and other other lending institutions with their enormous lobbying powers don't seem to realize the enormous damage the Boards of some Homeowner Associations do to their interests by making some Condominiums horrible places to live in and thereby causing foreclosures, delinquencies and such other damage to lenders, who remain completely ignorant of these facts.Banks should be lobbying hard to have the laws changed. HOA Boards frequently abuse their powers and corruption is rife among them, including theft of community funds. All this goes unchallenged because a struggling homeowner seldom has funds to launch a massive lawsuit, And the Boards know it.And because board members are not personally liable for anything, [cont.]
Asked by Ben w - Mon Jul 12 07:58:58 2010 - Law & Ethics - 1 Answers - Comments

A. No one is forced to buy a home in a community owned by an HOA, it is a choice someone makes. If they don't like it they shouldn't buy property there, case closed. I would never move somewhere people can tell me how to tend my garden, where I can park or anything else, if you choose to live in that situation you have to live with the consequences. It's not up to the bank to change, its up to people to decide that situation isn't right for them and make better choices about where they want to live.
Answered by MLE - Mon Jul 12 09:40:23 2010

I would like to see a sample set of CC&Rs for a timeshare and Condo Hotel? How can I find a sample?
Q. I'm a law student. I'm trying to figure-out how the timeshare developer (or condo hotel developer) distributes the costs of operating the timeshare (or developer) to the owners? What are the limits of costs that they can pass-on to the owners?
Asked by JCSF - Sat Mar 8 20:18:03 2008 - Renting & Real Estate - 1 Answers - Comments

A. Good finance question! I know of an organization that gives up to $1500 to people to help them with their rent or mortgage. It's available in most US cities, I highly suggest you check it out. Best of Luck.
Answered by Terrance B - Sun Mar 9 17:37:02 2008