Asked about 1 year ago - 92075
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I am doing a clay tennis court on a piece of land that I have bought. The syndic (association that regulates the houses) wants to sue me because they deem it to be an illegal construction. My point is that I am not constructing anything. To do my tennis court I am just preparing the soil; painting white line and put a net. Is that of construction?
If not could I sue them for sending a letter to the members stating I am engaging in illegal activities?
You need to refer to the governing documents (CC&Rs). What you refer to as "illegal construction" may be a restriction that you agreed to when you purchased the property. If that's the case, then the governing documents control.
I would also check section 91.1.105.2 of your county code to see if this qualifies as an exemption to the building permit requirement. I believe it does.
This is a variation of your prior posting. Constuction in law is not the same as the "plain meaning" of constuction in normal language. Painting a sign may be considered constuction; excavating 60 cm. of soil can be considered construction (especially if it modifies the slope or drainage of the property) It depends on the CC&Rs of a condominium development and the municipal regulations of the area where you wish to build. As I mentioned before, with a white line and two net posts you will be doing a lot of running after the tennis balls. No, you cannot sue them for sending you a letter with their interpretation of the regulations.
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