QUESTION
How do I as a co-owner enforce CC&R's with co-owners tenant.They have ignored letters and requests to inspect specifically regarding the floorcovering
Asked on May 02nd, 2017 on Real Estate - California
More details to this question:
We are ruled by the standard CC&R document with no written Bylaw's that I have ever seen. The CC&R's require 75% of floor be covered to prevent sound transmission to the occupied unit below. HOA consists of 2 parties and co-owner does not enforce. I have written letters, citing CC&R language to both co-owner & tenant, and no compliance. I have investigated small claims to get assessment fine of $5.00 per day since notice was given but unsure of legal aspects of HOA/Tenant relationship. Also have had issues of tenants repeated leaving front entry door unlocked and garage door wide open and personal property in Common Area. Obviously, no support from co-owner, not sure small claims is way to go, spoke to Community Mediation but unfortunately it's not binding currently looking into American Arbitration Assoc which brought me to this website and thought I'd give this a try and see what happens. So, what are your thoughts about my situation, considering the limited information I provided ?
1 ANSWER
You need to sue the other owner. The other owner is the person you have a contract with, not his tenant. Check your CC&Rs. They might require arbitration. If not, you can send the other owner a letter offering to do arbitration, and if he refuses or fails to respond, just sue him. Your CC&Rs probably provide for the winner to also be awarded reimbursement of legal fees. You only get that if you go all the way to trial. Most cases settle, and the first compromise is usually waiver of attorney fees.
Mediation is a process where a third party listens to both sides and then tries to negotiate a compromise between the parties to the dispute. The mediator does not decide who is right or wrong. There is only a binding decision if both sides agree to some compromise settlement. Most mediation services are pretty successful and convincing the other side that they are better off going to a mediation than having you sue them.
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Dana Sack
Answered on May 30th, 2017 at 9:17 AM