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condominiums & cooperatives Archives

Resident sells property after HOA dispute

Homeowners in California and throughout the country understand the importance of a properly constructed roof. One man got a notice from his HOA after making repairs to the one on his home after a hail storm. The resident was told that permission was required prior to making repairs and that the shingles were the wrong color. According to the association's rules, they needed to be an earth tone color.

Homeowner sues HOA alleging age discrimination

Many homes in California are part of homeowners associations. One homeowner in Phoenix is suing after a property manager stated that the association had changed its rules to prohibit children under the age of 16 from living in the neighborhood. The plaintiff was renting his unit to a family with two children.

Seeking a variance from a homeowners association

Many homeowners in California live in communities with a homeowners association. When they purchased their properties, whether a condominium in a building or a free-standing house in a town, the deed was accompanied by CC&Rs, or covenants, conditions and restrictions. These neighborhood covenants include procedures for dealing with identified violations of the CC&Rs, and they also provide procedures for seeking variances or exemptions from their provisions. While homeowners associations have a right to enforce these covenants, they are not landlords; they cannot evict homeowners, steal their personal property or violate their rights.

Secondhand smoke and condo conflicts

Most condo owners in California genuinely want to get along well with their neighbors. This means that they understand the importance of courtesy in an environment where people share walls and common areas. In some situations, however, conflicts arise.

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.

Parking enforcement company at odds with tenants

In congested residential areas such as Orange County, California, vehicle parking can be a problem. In housing developments, homeowners associations or condo associations typically hire management companies to manage and enforce parking regulations within the development. Though this is a needed service, some management companies can be an overzealous in their duties.

California man sues HOA over rule change

According to court documents, a man has filed suit against his Palm Springs homeowners' association after it changed its rules to prevent homeowners from renting their homes for fewer than 14 days at a time. The man purchased the condo in March 2016 because he wanted to rent it out as a short-term rental for vacationers.

Couple takes on HOA in noise dispute

California residents may remember how elated they were to find their dream home. They might also know what it felt like to realize that their dream property was really a nightmare. One couple in Philadelphia thought that they had found their perfect home. Built in 1744, its historic roots were one of its selling points. However, an addition added in the 1960s creates noise that some find annoying.