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November 2018 Archives

How CC&Rs can be enforced or modified

If the covenants, conditions and restrictions within a homeowners association are violated, there may be a variety of penalties assessed. However, homeowners living in associations in California can ask for permission to break a rule. A variance may be granted when a covenant would create an undue hardship on a homeowner. For instance, a variance may be ceded if a resident has trouble seeing or wants an animal larger than community rules permit.

Fighting HOAs

California residents who may have issues with their homeowners association should know that the HOA has to be in compliance with the law regardless of what the HOA board states. The HOA is prohibited by state and federal regulations from illegally restricting its homeowners.

HOA fee dispute leads to foreclosure

A homeowner in California may find unexpected problems if they wind up in a dispute with their homeowners' association. Disputes over fees and regulations can make it difficult to live in a neighborhood where an HOA has a strong presence. Sometimes, the issues can even go to court if they are not resolved. In a recent Texas case, an appellate court has affirmed a ruling by a lower court that allowed the homeowners' association to seek foreclosure against a resident who allegedly failed to pay his HOA fees.

HOA dispute drags on after appeal

California homeowners who live in communities governed by an HOA may be used to disputes with association leadership. However, one case involving Kansas HOA Avignon Villa Homes Community Association has been going on since 2013. Legal fees in the case are expected to hit $1 million after Avignon Villa appealed a January ruling by a judge in Johnson County. The ruling found that both sides were at fault in a battle related to a landscaping project.