Legal Question in Civil Litigation in California

Our HOA CCRs state clearly that the HOA are responsible for maintanence of fences and drainage between townhomes. Our neighbor wanted a new fence. We wanted their design approved by the HOA. We lost in SCC because the judge used the CA civil code 841 saying we had to pay half after the next door neighbor had built it with no approvals. Are there "Points and Authorities" setting precedence for this?


Asked on 6/03/11, 4:01 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

If the HOA is truly responsible for maintenance of the fence, then you have a claim for indemnity and reimbursement against the HOA. The judge's application of Civil Code section 841 is accurate, considering that it is not clear that you included the HOA as a party.

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Answered on 6/06/11, 5:15 pm


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