QUESTION

What options are available to those who have set up units for family as well as rentals and what can the HOA do to us legally?

Asked on Apr 15th, 2016 on Landlord and Tenant Law - California
More details to this question:
I live in a development with HOA CCR's that indicate individual lots are restricted to single family residential use. Our HOA has not been active for at least 5 years and owners have been doing their own thing. Some have built in law units, rented out rooms in their home etc. Now the HOA is up and running again and they want to penalize owners.
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1 ANSWER

You are asking whether the HOA is stopped from enforcing its rules because of a five year lapse in doing so. I am not sure, but likely not because the home owners knew what they were doing was in violation of the rules and that at some point the rules would be enforced. If a city does not enforce anti-littering laws for years and then does, it would not be barred from doing so. But if a landlord let a tenant smoke for years and then tries to ban it they might not be able to because it is merely a contractual term and not a law. HOA rules are also contractual terms, but each member of the HOA has the right to enforce those rules. If a new buyer moves in knowing what the rules are, why should he not be entitled to enforce the rules even those before him did not?
Answered on May 16th, 2016 at 4:38 AM

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