COMMON INTEREST DEVELOPMENTS-CC & R'S AND HOA'S; NEIGHBORHOOD DISPUTES
C C & R's
Common interest developments, i.e., condominium projects and communities, are governed by a set of covenants, conditions and restrictions commonly referred to as "C C & R's." It is the duty of the Homeowners' Association (HOA), by and through its Board of Directors, to enforce the rules and regulations set forth in the C C & R's, and to maintain the common areas in good repair.
HOA Boards of Directors
HOA Boards of Directors are sometimes derelict in their duties, and may disregard the interests of single or minority groups of HOA members. Common areas can be left in dangerous disrepair; fines can be levied for inappropriate reasons; and individual property owners can be deprived of the view, peace and quiet, or open space for which they paid.
Wave of The Future
Common interest developments and the community living they involve are the wave of the future. More and more Californians will own their real property as a separate interest, or unit, in a common interest development, whether by choice or by financial necessity. Problems with derelict, tyrannical or just misguided HOA Boards of Directors will be of ever-increasing concern.
Developing Law
Condominium living, and in such large numbers, is comparatively new in California. The laws to protect the rights of California condominium homeowners are in the process of development, and are the subject of continuing changes, additions and amendments. The California Legislature continues to search for solutions which are economically feasible for disaffected homeowners.
Neighborhood Disputes; Encroaching Trees; View Obstruction; Grading and Drainage
California home buyers rely on the view, grading and drainage afforded to their property at the time of purchase. Over the years, trees and vegetation grow, and neighboring homeowners add landscaping, patios and swimming pools. The view once possessed may be obstructed, trees from adjacent lots may be encroaching, and the grading and drainage may be altered, at a cost of many thousands of dollars in lost market value and remedial costs. Sometimes homeowners resort to self-help, and cut back their neighbor's trees, only to find themselves exposed to substantial legal costs and fees, and treble damages.
If you are having problems with your HOA or your property management company, or if you are involved with a neighborhood dispute over trees or drainage, contact Virginia H. Gaburo & Associates to discuss available legal solutions and how to obtain them.
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