Legal Question in Discrimination Law in California

suing HOA

We are only renters in a condominum complex that has a homeowners association but the HOA has totally discriminated against us and caused us to lose the condo we are renting. The owner is so fed up with the complaints and fines that are threatned to her about us almost on a daily basis that she sold the condo. We have only been living here three months and have nothing but problems with the HOA since we moved in. All the rules they say we are breaking there are about ten other people in the community that break the same rules but are never reprimanded for it. As HOA they should enforce the rules fairly and equally not just punish one person. Do we as tenants have any legal rights to sue the HOA for moving expenses, harrasment and/or personal damages for having to uproot our two small children from their home?


Asked on 7/08/08, 8:36 pm

2 Answers from Attorneys

Ryan P. McClure The Law Offices of Ryan P. McClure

Re: suing HOA

It would be a tough case but it is possible. You should have a lawyer review the governing documents of the community to advise whether there is a possibility of a lawsuit.

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Answered on 7/20/08, 8:44 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: suing HOA

You can always sue anybody. The question should be "Can I win""?

You will find it very hard, almost impossible, to win this case. The HOA is like the Supreme Court, and they are hard to neat.

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Answered on 7/10/08, 10:05 am


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