Legal Question in Real Estate Law in California
My backyard neighbor have constructed a patio on his back slop which is now level with my backyard. He now sits 5 feet away from my Jaquizzi and pool. I live in an HOA and he did not get the proper permisssion from neighbors or the HOA. The HOA told us they would take care of the matter with their lawyers. Two years later, They told us they they approved it but it was confidential and they could not tell us why. I feel they didn't have lawyers and they didn't do a thing. How can i find out what really happened.
2 Answers from Attorneys
In the context of a lawsuit, information like this could be obtained through use of discovery, such as interrogatories or depositions. Even then, if discussions with lawyers were truly involved, you might not be able to learn much because of the attorney-client privilege and the work-product doctrine, but you could extract some information, I'd think.
Short of filing a lawsuit, the HOA may have some board member, officer or manager/employee that would be willing to show you some minutes, reveal the names of lawyers they use, or otherwise give you mone information than you have now. Some HOA proceedings are open and public and minutes are kept. You can review those and see where they lead.
There are some LawGuru participating attorneys who handle HOA matters regularly. I don't. Maybe one of them will provide some further tips.
Is your neighbor also apart of the development? If so, the a review of the CC&R's is necessary to determine if the patio is compliant. Contact me directly.
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