Archived
If I comply with all HOA requirements for new windows, can HOA require me to get neighboring unit approval?
Dean's answer
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Answered on March 25, 2015
While at first blush it appears the problem is that you are looking at the issue logically and no logic applies, there is some defense to the HOA's...
Can our HOA make us remove floating-hardwood floors when installing hardwood floors is not expressly prohibited in the CC&Rs?
Dean's answer
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Answered on March 24, 2015
I have litigated similar cases. In all likelihood the "carpet" would not be interpreted as "rugs." Although you may suggest the use of rugs as a...
HOA board ignores petitions
Dean's answer
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Answered on March 23, 2015
The difference in the processes to remove individual board members versus the whole board is HUGE. Removing individual board members is very...
Archived
Can the HOA of a condominium cite the current owner for a violation for a kitchen remodel done by a previous owner?
Dean's answer
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Answered on March 16, 2015
Just like a lawsuit, anyone can sue, but are they right?. An HOA can cite for the previous owner's but can it enforce the citation or penalty. ...
Archived
As a homeowner in a Senior HOA I'm trying to determine my legal rights
Dean's answer
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Answered on March 13, 2015
If you are asking whether the HOA can charge you for lifting the solarium in order to do wood repairs the answer depends on whether the HOA...
Is it legal for an HOA board to initiate a lawsuit without member approval?
Dean's answer
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Answered on March 12, 2015
There is no requirement under CA law for a board to obtain a the membership's approval to file a legal action against a former board or homeowner,...
Archived
Our CA HOA is requiring us to empty entire house for a structural repair. Are they responsible for any the relo/moving costs?
Dean's answer
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Answered on March 06, 2015
Whether you can recoup costs depends on many factors that should be reviewed with a real estate attorney with knowledge in HOA and construction...
Archived
Is an HOA's decision to take (or not to take) enforcement action considered confidential?
Dean's answer
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Answered on March 05, 2015
I do not believe there is a statute or case directly on point. But there are statutes that state a homeowner can request that an enforcement...
Archived
What if your HOA board refuses to conduct research and provide due-diligence on a contentious issue?
Dean's answer
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Answered on March 05, 2015
I agree with Mr. Chen. In addition I would like to point out that if any decision was made that was different than what was made in an open...
Can HOA be liable for damages to my property by kids because of their failure to prevent the kids playing on HOA owned street?
Dean's answer
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Answered on March 04, 2015
If there are no rules against street play it is very unlikely that the HOA can be held liable for damage caused by kids who are not violating any...
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