QUESTION

I am female, 75 yrs old. I live in a Sr. Park in San Marcos ca. I just put on a new roof. The board complained it is not dark enough brown.

Asked on Oct 13th, 2015 on Real Estate - California
More details to this question:
They want it removed & replace w/darker brown. They gave me till Nov. 1st or they will charge me $25 a wk. till color has been taken care of. I cannot afford to replace. Condo next to me is almost black & mine looks quite light next to his. I have lived here 10 yrs. What are my options. Thank you. I own my property.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Your CC&Rs should provide an Interrnal Dispute Resolution process. This usually involves having the Board appoint someone to negotiate with you. There should also be a provision for mediation. The new millenium is the age of victims. Do not try to bully or intimidate them. There was a time when that could work, but not anymore. You need to spin this that you are a senior. You did the best you could. You can't afford to replace the roof. It's a nice looking new roof. A new roof is always an upgrade for the whole neighborhood. Engage and involve the Board, so that maybe they'll help or let it slide. How about painting the roof? Don't ignore the HOA. They have the power to impose huge fines, lots more than $25 per week. And they have the power to sell your home in order to collect them, and add the cost of the attorney fees and expenses to accomplish all of that. As expensive as even painting the roof might be, the HOA really can make youdo it. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Good luck. Dana Sack  
Answered on Oct 13th, 2015 at 12:22 PM

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