QUESTION

I live in a condo. On 2010 when I moved in, I installed a washing machine. On 2012, there was a CCRR recorded

Asked on Feb 09th, 2016 on Real Estate - California
More details to this question:
at the County with: 3.14 Outside Drying and Laundering: No exterior clothesline shall be erected or maintained and there shall be no exterior drying or laundering clothes on balconies, or other areas. No washing machines or dryers may be installed in any Unit. I received on Feb 2016 a letter from Magt of HOA,regarding a:Miscellaneous violation "The washing machine installed inside of your unit needs to be removed asap". and ANSWER ONE. __ I understand the request of the letter and will comply within ten (10) days. __ I understand the request of the letter but I am unable to complete the request within ten (10) days. I am able to complete the request of the letter no later than _. __Violation does not relate to my unit. __I do not understand the request of this letter and I would like further clarification to be provided to me so that I can gain compliance. __I disagree with the content of this letter entirely. Question- what is my right to keep this washing machine from 2010
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Unless you have something in writing which gives you permission to have the washing machine, then the answer is no. Even without a provision in the CC&Rs, the HOA Board could pass a rule prohibiting washing machines, if the Board could articulate a good reason for doing so. Why don't they like washing machines? My sister is in the apartment business. That's one of her signature improvements to older buildings, adding washer-dryers in the individual units. Tenants love them. You should meet with one or more HOA Board members, one at a time, to talk to them about this? Why this rule? What is the problem? Can you apply for a waiver? If you are not satisfied with that process, then exercise your right to Internal Dispute Resolution. There should be a procedure in the CC&Rs. If not, Google Civil Code §5915 for the IDR procedure which applies if there isn't one in the CC&Rs. Why don't you check the boxes for both "need more time" and "do not understand how to comply" and for "do not agree?" You should disconnect the washer, move it into another room until you can either resolve the issue or sell the washer, take pictures of it disconnected and in another room, and send the pictures to whoever sent you the letter. For violation of the CC&Rs, the HOA can hold hearings to impose fines, have those fines recorded as a lien on the unit, add attorney fees and expenses to the lien, and foreclose the lien and sell your unit to pay the lien amount. The attorney fees could easily exceed the dollar value of a brand new washer. 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. Dana Sack  
Answered on Mar 10th, 2016 at 11:42 AM

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