Legal Question in Civil Litigation in California
Homeowners Assoc. enforcing cc&r's.
How can homeowners require their HOA to enforce CC&r's. (i.e., overhanging palm trees into neighbors yard causing nuiscance & hazard.) HOA refuses to take action, though clearly spelled out in CC&r's. as an infraction.
2 Answers from Attorneys
Re: Homeowners Assoc. enforcing cc&r's.
The first step is to seek mediation or another form of alternative dispute resolution with the other owner and the HOA as required by Civil Code Section 1354. If you cannot resolve your differences privately, then your remedy is to file a CC&R enforcement lawsuit in Superior Court for a court order compelling the HOA to enforce the rules and/or compelling the other owner to comply. The winning party can recover their legal fees. This is a highly specialized area of law, so make sure you consult a local real estatate attorney with experience in HOA issues.
Re: Homeowners Assoc. enforcing cc&r's.
After making an appropriate Demand on the HOA, (which is legally bound to protect the rights of the homeowners and to properly enforce the CC & Rs), if they still fail to act, you would need to file an Action in the Courts. The prevailing party is most likely entitled to costs and attorneys fees, yet in the interim, you would have a lawsuit on your hands. Generally, we find that if you take the first few steps in a situation like this, the HOA will relent.
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