As a owner in an HOA residential condo, can I sue the commerical unit in the same HOA for breach of quiet enjoyment if the HOA
Dean's answer
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Answered on March 13, 2016
It is unclear how an association can be both a commercial and residential association. You should provide a copy of the CCRs at issueto an HOA...
Archived
Cn the reserve funds of a HOA be placed out of the State of CA..?
Dean's answer
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Answered on March 05, 2016
that is a very good question. Although there may be other attorneys who can answer this question I have substantial HOA experience and I cannot. ...
Archived
Is it possible for me to sue the HOA for abusing the CC&Rs given the conflict of interest on the part of the board members?
Dean's answer
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Answered on March 03, 2016
Excellent and thorogh advice from Mr. Moss. In addition may I suggest filing a claim with the company who provided the title insurance when you...
Archived
Can my HOA fine me if I don't get my laundry permitted (up to code)?
Dean's answer
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Answered on March 03, 2016
Mr. Moss offers very good advice. In making the decision in how to proceed make sure to factor in the economics. And remember that any conflict...
Archived
What to d when there are is no commercial committee/architectural committee on the HOA Board when the Declaration of Covenants
Dean's answer
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Answered on March 03, 2016
Yes that is a violation of the covenants unless the covenants have been amended removing the requirement. You as a member can enforce the...
Archived
Who gets sued? The HOA or the business they ease a commercial unit to?
Dean's answer
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Answered on February 16, 2016
First you must determine what kind of HOA you are in and who is allowed to make decisions for the association. The blended homeowners and...
Archived
Do I have grounds to contest the election? How do I go about contesting the election?
Dean's answer
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Answered on February 06, 2016
From your description you appear to have several legitimate concerns over the election procedures and its validity. I strongly recommend that you...
Archived
What can we legally do at this point? We just want our damaged property and tree replaced.
Dean's answer
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Answered on February 06, 2016
The law in CA is quite clear on neighbor to neighbor obligations related to trees. Based on your neighbor's and your request that the tree be...
Archived
What kind of Attorney handles Homeowner's Association issues? (Specifics in situation)
Dean's answer
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Answered on January 29, 2016
You have a very good question. There are homeowner association attorneys also known as planned unit development attorneys. Generally you will be...
Archived
What can I do for some type of retribution from this nightmare!
Dean's answer
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Answered on January 29, 2016
Following up on prior counsel's excellent comments: A prudent plan of action would be to: collect all communications you have with the Board of...
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