Legal Question in Real Estate Law in California

Is there a cause for action against this condo owner or realtor?
We have one condo owner whose realtor tends to rent the condo on conditions that conflict with the CC&R and HOA rules. For instance, they put 2 parking spaces into the lease whereas condo plan allows only 1, permit pets run free in common areas despite the leash rule, etc. When HOA points out these violations to the tenants their response is that the realtor instructed them to ignore HOA and follow what's in the lease because that is what tenants signed. The CC&R clearly says that rental agreements are subject to all rules and laws of the property, and while we can start fining the condo owner, we wonder if there is legal action that can be brought against this realtor and/or the owner to get them stop this practice. Thanks much!!

Asked on 6/19/09, 10:30 pm

Jerold M. Gorski Law Offices of Jerold M. Gorski

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Re: Is there a cause for action against this condo owner or realtor?

Yes, the CC&Rs govern and take precedence. Call me for a private (and free) consultation.

Answered on 6/20/09, 2:20 am

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