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real estate disputes Archives

How to handle arguments over property lines

Property disputes can happen in California or any other state in the country. They can occur because a tree grows too large or because a person accidentally placed a driveway or other path onto an area that didn't belong to him or her. There are many different ways that a dispute can be resolved. For example, it may be possible to get rid of a tree or plant that has grown onto a neighbor's property.

Couple wins lawsuit over holiday lights display

Some homeowners in California really get into the spirit when decking their halls, sometimes to the point where light displays are fairly elaborate and creative. In some instances, not all neighbors in the area are pleased with the attention that such displays get, especially if a normally quiet neighborhood becomes inundated with pedestrian and vehicle traffic. However, there is something to be said for the rights of homeowners to responsibly express their seasonal enthusiasm.

Christmas event leads to homeowners association conflict

Homeowners' associations are plentiful in California and across the United States. In most cases, these associations work to protect and beautify neighborhoods. Sometimes, however, members find themselves at odds with associations and their governing entities, leading to legal woes. This may be due to unfulfilled contractual obligations and complaints from neighbors, but it may also be due to causing a perceived road hazard.

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 accused of implementing racist rental policy

Residential communities in California and around the country often have strict rules that prevent residents from renting out their properties, but the legality of these policies may be challenged when their enforcement would result in discrimination based on race or national origin. A case currently working its way through the Florida court system deals with just these issues. In a lawsuit filed on Oct. 16, three property owners claim that their homeowners association instituted a rental ban primarily to force out black families.

HOA violations to watch out for

California residents and others who live in areas governed by a homeowners association need to remain current on its rules and regulations. Failure to do so could result in fines or other charges regardless of how minor the violation may seem to a homeowner. There are many common types of violations that residents may commit, such as driving too fast through the neighborhood. HOA fines could be added on top of any imposed by local authorities.

HOA disputes on parking

Many residents of California reside within a community controlled by a homeowners association. An HOA collects dues from the residents and helps maintain the aesthetic standards for the neighborhood with the goal of preserving the value of the properties in the community.

Homeowners association disputes

A homeowners association is an organization in a neighborhood that makes and enforces rules within the community. Property owners automatically become members when they purchase a home within the neighborhood and must pay dues to the HOA. Some California HOAs are very restrictive about what a homeowner can do with their property.

A dispute with a neighbor can be costly

The English wit G.K. Chesterton once observed, "We make our friends; we make our enemies; but God makes our next door neighbor." While this may or may not be true, it sometimes seems that divine intervention is the only way to resolve disputes regarding a California homeowner's property rights coming into direct conflict with those of the next door neighbor.