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How can I sue my homeowner if they haven't made repairs that are now years over due?

1 Answers. Asked on Mar 16th, 2017 on Real Estate - California
More details to this question:
I have asked my homeowners association to replace dead and dying landscaping for years. My utility door fell off and other repairs are not done.
Answers Showing 1 out of 1
Answered on Mar 17th, 2017 at 12:17 PM

Steve,

You probably cannot win such a lawsuit. The HOA Board is given very broad discretion in deciding how to spend its assessment revenues on maintenance, repairs and replacements. If you sue and lose, you will have to reimburse the HOA for all of its attorney fees and expenses. It would be cheaper for you to get the HOA's permission to repair the landscaping and utility door yourself.

I recommend lobbying a couple of friendly HOA Board members. If they refuse to talk to you, their is a procedure in your CC&Rs for discussing member grievances. It requires the HOA Board to direct a Board Member to meet with you, hear you out, and try ot negotiate a solution or compromise. If that doesn't work, then start working on electing more responsible members ot the HOA Board.

If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.

Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.

Dana Sack

 

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