Legal Question in Civil Rights Law in California

Homeowners Association

I have fallen behind in my HOA dues and while I am trying to bring the account current, my association continues to harrasse me. They've recently sent me a letter stating that my previllages (pool, clubhouse) have been suspended.

I just received a notice saying that I am in voiloation of my suspension because my son was seen playing outside in font of our house. We live in a gated community.

Can they ban my kids from playing with their friends in the common area of the association?


Asked on 12/19/07, 7:24 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Homeowners Association

They cannot ban your kids from playing in the common area. In fact, it is questionable whether they can suspend your privileges to other common areas in the association for delinquent assessments, which it sounds like you are continuing to pay. We would need to see a copy of the letter to determine their reasoning behind the suspension. Some communities have been successful banning non-resident owners from facilities and common areas, but this doesn�t sound like your case. There are many methods under the Davis-Stirling Act that you can take advantage of like a "meet & Confer" with your Board to bring these issues to resolution and you may be able to participate in the associations payment plan assuming that they have a documented plan in existence.

Feel Free to contact me if you would like to pursue this matter.

Good Luck!

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Answered on 12/19/07, 7:42 pm


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