Legal Question in Real Estate Law in California

acquiring ''common area'' property for personal gain

We live in a 55 & Over community where we all own our own homes. We live on a corner and across the street is a beautiful redwood groove on a large common area lot.

Adjacent to the common area is a resident that has symtematically encroached on the common area by first adjusting the lot line to accomodate his deck, then by landscaping has taken over most of the remaining area. His spouse has indicated that it is their property, but changed her story when asked at a board meeting. The man is a bully and everyone is afraid to question him. He is the past president of the homeowners asso. and in my estimation has abused his priviledge of office. We can no longer walk through most of this beautiful area as they have planted ground cover to give the appearance that the entire corner is their yard. When asked where the property line is between his lot and the common area, he changes it every time he is asked. To keep peace 2 board members got him to show them the property line and they staked it...the next day he pulled out the stake and planted shrubs past the line. How can he be stopped? Is there a law that says if he takes care of it it then becomes his in time? Is there an agency he can be reported to? Please advise.


Asked on 3/25/07, 11:23 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: acquiring ''common area'' property for personal gain

The agency to take action is the board of directors of the association. No owner can lawfully encroach or take common area for personal use. The HOA can hire a surveryor to plot the property line and then take legal action against the owner to force the removal of the encroachments.

If the board refuses to take action action, then fellow homeowners can also sue to enforce the CC&Rs. It is a civil matter and local law enforcement will not get involved.

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Answered on 3/25/07, 11:34 pm


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