Many Californians live in homes that are governed by homeowners associations. HOAs are able to set certain rules and guidelines that the covered homeowners are expected to follow. However, there are some rules that HOAs are unable to make.
Homeowner associations, like other organizations, are often required to balance the needs of the individual property owner against the needs of the subdivision or condominium building. An HOA in the Santa Clarita Valley recently learned this over a scandal involving an email list of its members.
Tenants and homeowners in California and across the United States are grappling with lawsuits over smoking in buildings and secondhand smoke. Some condo owners or tenants who are sick or particularly sensitive to secondhand cigarette smoke are pursuing lawsuits against management companies and other homeowners or tenants in an effort to enforce no-smoking orders on the entire building.
If you are looking at a California property governed by a homeowners association, the property manager may have offered you a document outlining the covenants, conditions and restrictions for living there. On the other hand, perhaps you have lived in your home for years and never bothered to read over the CC&R. Maybe there is some dispute among your neighbors that has brought this document to your attention.
California residents dealing with a frustrating homeowners association might like to hear about a story involving one Florida veteran. When asked by his H.O.A. to remove an American flag wrap that covered his mailbox, he fought back. His fight with the Southwood Residential Community Association gained national attention.
California homeowner associations are required to comply with the Davis-Stirling Common Development Interest Act, a complex piece of state legislation that contains more than 100 statutes. When HOA disputes arise, the law provides some potential remedies to the parties while other statutes under the act provide no penalties for violations.