QUESTION

If an HOA president does not abide by CC&Rs and cancels work orders that were already approved to be completed... What can a homeowner do?

Asked on Apr 22nd, 2015 on Real Estate - California
More details to this question:
Window glass is homeowner responsibility and frame/structure is HOA. Several professional estimates have proven frame is needing repair badly to prevent further damage. HOA approved then canceled approval with window company. Now HOA trying to find a lawyer to say it is not HOA responsibility, after 2 lawyers confirmed it is legally. We have been dealing with this issue since October 2015. Rain is coming and will cause further damage to property. Please help.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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Have you sent a written (not email) notice to the HOA about the window frame and asking the HOA to fix the problem i.e. repair or replace the frame? That first step is mandatory. The Davis-Stirling Act requirs your HOA to provide a process where the Board appoints someone to meet with you and try to work it out. If you ask for it, the HOA must provide it. If that doesn't work, try offering third party mediation. Faster and cheaper than a lawsuit or arbitration. Your CC&Rs might require the HOA to participate Next, check the procedure for resolving disputes. Most require arbitration. Sometimes there is an exception when you sue to enjoin a nuisance. You should have a real estate attorney familiar with CC&Rs and the Davis-Stirling Act review your CC&Rs and any other governing documents. Before starting a lawsuit or arbitration, you want to be very sure that you will win. The prevailing party is entitled to recover its attorney fees and expenses. Lawsuits are very expensive. If you lose and don't pay, the HOA can collect by foreclosing on your house, evicting you and selling the house. Dana Sack
Answered on Apr 23rd, 2015 at 9:14 PM

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