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October 2016 Archives

Homeowners' associations and repair disputes

Californians sometimes get into disputes with their neighbors or their homeowners' associations over maintenance and repairs. Such disputes can be very complicated when the bylaws of the homeowners' association do not clearly define what property is commonly owned and which is separately owned.

Real estate developer may take case to the Supreme Court

A legal dispute involving affordable housing laws in California could end up being decided by the U.S. Supreme Court. The issue at hand is whether or not local governments have a right to levy fines against real estate developers that choose not to earmark land for affordable housing. One attorney who commented on the issue said that he hopes that a future Supreme Court decision will be based on legal merits, not politics.

Your HOA Board Bylaws May Vary, But There Are State Laws That Apply To Everyone

In California, it is quite common to live in a subdivision or development that is governed by a Homeowners Association. Whether you live in a luxury townhome or a gated community, you likely have to abide by the set of bylaws created by your HOA. In some cases, these bylaws are extensive - and strictly enforced. As a homeowner, you should know that there are limits to what your HOA can do within your community. There are a set of state laws in California that protect the rights of homeowners, and restrict the reaches of the HOA.

How fence laws may impact homeowners

In many California communities and elsewhere throughout America, local laws restrict artificial fences to a height of 4 to 6 feet. If a homeowner puts trees or bushes along a property boundary, these plants may be considered a fence in some cases. In general, the height of a natural fence may be limited to 5 to 8 feet. There are exceptions that may allow a homeowner to retain a fence that violates the law.