Legal Question in Civil Litigation in California

Re: statute of limitation for lawsuit for alleged violation of CC&Rs

You may have an issue of waiver if waiver is not set forth in the CC & R's. The Statutute of Limitations is 4 years, but the Association must offer you alternatave dispute resolution before suing you. Please contact me if you have any questions at 714 363 - 0220. You may also want to visit my web site. www.larryrothman.com

Re: statute of limitation for lawsuit for alleged violation of CC&Rs

Four (4) years in California. But if HOA failed to respond to a submittal, they may be precluded from objecting. Most of these answeres are in the CCRs, and must be read carefully. There is an argument that long delay prejudices you, and even if an action is filed within 4 years, it might still be barred by the equitable doctrine of laches.

Re: statute of limitation for lawsuit for alleged violation of CC&Rs

It is likely that you have agreed, in your acquistion of the property, that any dispute between yourselves and the HOA will be submitted to arbitration--check through those documents which govern your relationship with the HOA and see if that is the case. When there is a governing document which requires that a dispute be submitted to arbitration, and one or more parties refuses to arbitrate, a suit to compel arbitration can be commenced. With respect to the statutory period of time to bring suit, the period within which it must be brought depends upon the nature of the claim; generally, negligence is one year, breach of a written contract is 4 years, etc.