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June 2018 Archives

Homeowner stopped from selling house by HOA dispute

Many California homeowners live in neighborhoods with HOAs or homeowners associations. While these associations can provide an important service in keeping up an area and caring for common spaces, in some cases, overstepping HOAs can lead to disputes with individual homeowners. In one Texas case, a man says that his HOA is prohibiting him from selling his house and moving because they claim to disapprove of the color on his roof.

What happens when upstairs floors are noisy

California residents have the right to a quiet and peaceful living space. Therefore, they have the right to complain if a neighbor is making excessive noise. A noise complaint may arise if the floors in an upstairs unit are not properly covered. In some cases, units that had carpeting are remodeled into having wood or tile floors.

What can be done when HOAs violate the law?

In California, homeowner's associations must comply with multiple laws, including the Davis-Stirling Act, the Fair Employment and Housing Act and the Unruh Civil Rights Act. The latter two laws mostly are concerned with discrimination in housing. The Davis-Stirling Act is a comprehensive law that governs in great detail how HOAs are operated.

Determining who is liable for maintenance in an HOA

Those who live in a condominium or planned unit in California may be confused as to who is responsible for maintenance. As a general rule, the homeowners association is required to maintain all common areas while individuals are responsible for maintaining their units. Features such as porches or balconies may be labeled as exclusive use common areas, and the owner of a unit is generally responsible for their upkeep.

Religious group wins battle with HOA

A dispute over Bible study at a community in Bakersfield was resolved through a settlement. The matter began when an atheist complained about Bible study sessions being held in a common area. After receiving the complaint, all faith groups were restricted from using this area. The suspension began just before Thanksgiving 2016 and was lifted prior to the end of that year after a lawsuit was filed.