Legal Question in Real Estate Law in California
I bought a home 4 years ago in a HOA community in California. At the time the HOA did a site inspection and told us what we needed to address, including mowing the lawn, removing the lock box off of the front door and trimming overgrown bushes.
Last week they made a demand that we remove and replace all of the rock in our yard that was there when we bought the house. They say since the original owners didn't get approval to put in white rock it is now our responsibility to remove and replace. They gave us 2 weeks. They also say that the white & red rocks that different neighbors have is making the community look like a trailer park. Personally our front yard now looks much better than it did when we moved in and bought the house as a foreclosure. Do they have any right to tell us that we need to do this when they did not site it as an item that needed attention when they did the original inspection when we bought the house 4 years ago.
2 Answers from Attorneys
You are required to following the CC&Rs;even if management failed to orally inform you four years before. The rules are still there; they ar making the demand not on what the condition of your yard was 4 years ago but what it is now.
What do your CC&R's say?
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