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Landscaping and architectural changes: when disputes occur

A central attraction of a planned residential community for many homeowners is that it is, well, planned.

Well-considered and carefully enforced planning dictates can help minimize unwanted surprises down the road. Homeowners and would-be purchasers can have a sense of predictability concerning their communities. Prudently tailored and spelled-out documents governing things like landscaping and architectural changes can foster stability and orderliness that promote efficiency and community harmony.

The above description of planned community life is of course somewhat idyllic and focused upon a perfect world where residential interests never collide and real estate-related disputes never occur.

In the "real" world, acrimony in the property realm is far being a singular or isolated reality, especially in a planned community. And as we note on our website at Smart Law APLC in Mission Viejo, "There is perhaps no bigger area of dispute between homeowners and homeowners association (HOA) boards than approval or disapproval over architectural and landscaping matters."

It is really no secret why that would be the case. Over time, things change. One or more homeowners might seek to make a property adjustment. A board comprised of mostly newer members might interpret an operative housing covenant in a manner that long-established homeowners know does not accord with a common understanding among property owners that existed when the covenant was first drafted.

In other words, things can implode, and sometimes do.

When they do, a proven HOA dispute resolution attorney commanding in-depth knowledge of the HOA-governing Davis-Stirling Act and having a deep well of experience representing both homeowners and boards in real estate-related disputes can provide strong legal advocacy aimed at a best-scenario outcome.

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