Homeowners Association Law Blog

A property owner inadvertently neglects to pay Association dues one month.  When the property owner realizes this the following month, the property owner pays two months of Association dues.  The Association refuses to accept the check because it does not include late fees and interest for the first month.  The property owner requests the Association to explain the basis for the late fees and interest for the first month.  After the property owner receives the... Read More

Facts.

            You own a one-story house within your association.  You wish to remodel your house by adding a second story.  You submit your plans to the association.  The association turns down your plans, stating that the association will not allow you to build a second story addition.  Do you have a case against your association? ... Read More

Some of the more common causes of action by a property owner in an action against an association are: breach of fiduciary duty, negligence, breach of contract (i.e. the CC & R’s), and various statutory violations, mainly the Davis-Stirling Common Interest Development Act (Civil Code Section 1350 et al.).  The remedies may include monetary relief, injunctive relief, or declaratory relief.  Attorney’s fees are recoverable by the prevailing party.  Civil Code... Read More

You will find that some matters cannot be resolved with the staff of the association.  In some cases, the staff of the homeowners association will advise you to appear before the board of directors.  Prior to your appearance, you should provide the board of directors with a letter identifying the nature of the problem, the reasons why the homeowners association is acting improperly, and any supporting case law or statutory law.  When you appear at the board of directors... Read More

State law provides for alternative dispute resolution (ADR).  Civil Code section 1369.510, et seq.  This is a mandatory procedure for both the property owner and the homeowners association prior to the initiation of litigation to enforce the CC&R's.  There are several exceptions to the requirement for ADR, including: 

1.  An action within the jurisdiction of the small claims court.

2.  An action where a preliminary or temporary injunctive... Read More

The governing documents usually consist of the Declaration of Conditions, Covenants and Restrictions (CC & R’s), the Bylaws, and the Articles of Incorporation.  Don’t assume that all CC & R’s are the same.  They are not.  Each set of CC & R’s has different provisions.  Many CC&R’s have provisions that are outdated and no longer enforceable.  There are times when a homeowners association will rely on an unenforceable... Read More

Depending on the nature of the dispute, you may have to obtain documents from the homeowners association, in addition to the governing documents.  These documents may include the architectural guidelines, the fee collection policy, the operating budget, the minutes of board meetings, correspondence to or from the association and other financial information.  State law provides that a property owner is entitled to a wide variety of financial documents from the association. ... Read More

According to the California Community Association Institute, there are approximately 36,000 homeowner associations in California comprising more than 3 million housing units occupied by approximately 7 million people. This is roughly one-quarter of the housing in the State of California.  With most of the new housing developments in recent years being homeowners associations, these numbers are likely to increase in the years ahead.

For more information regarding homeowner... Read More

State law provides a cost effective means for resolving disputes with a homeowners association.  This is called internal dispute resolution (IDR).  It is described in Civil Code Section 1363.810, et al.  If a property owner wishes to initiate IDR, the homeowners association must participate.  If the homeowners association wishes to initiate IDR, the owner may or may not participate.  Civil Code Section 1363.820 states that an association “shall provide a... Read More