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condominiums & cooperatives Archives

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.

Man fined for having Israeli flag

California residents may be able to relate to one man who is in a battle with his HOA over his flying of the Israeli flag. The HOA is fining him $25 a day for having it out. The man was a veteran in the Gulf War and also flies an American flag from the balcony.

California residents don't agree with new HOA rule

Those who live in the Auburn Hills complex in Auburn, California, are required to keep their garages open for eight hours each day. According to a notice to residents, garage doors must stay up between 8 a.m. and 4 p.m. on weekdays. Residents who fail to comply with the order may face a hearing and a $200 fine. The rule was put in place because it was discovered that people were sleeping in a resident's garage.

HOA dispute over tree removal becomes years-long battle

Many California homeowners live in areas and communities governed by homeowners' associations, or HOAs. Various aspects of the look and maintenance of a home or outdoor area can be governed by the rules laid down by the homeowners' association. These restrictions accompany the deed to the home, but many times, people find out just how intensive they can be years after their initial investment.