Homeowners Association Law Blog

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  Many CC&R’s have provisions that are outdated and no longer enforceable.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

FACTS

         You are a proud college alumni residing in a homeowners association.  You have always been a devoted fan of your school.  You place a school flag on a pole in front of your residence.  The association tells you that the flag must be removed because it violates the CC&R’s which prohibits any flag in the front of a residence.  ... Read More

            Facts.

            You have had a cat and a dog in your residence for three years.  The cat never leaves your residence.  The dog only leaves the residence on a leash and you diligently scoop the poop.  No one has ever complained to you about your dog or cat.  Suddenly, you receive a letter from your association directing that you... Read More