Legal Question in Real Estate Law in California

Yes, the lack of an HOA board would materially affect the value of the property. It should have been disclosed.

As for forming the board, you would have to have someone look at the CC&R's They will have provisions that govern the creation and maintenance of the board. You can then either proceed as they provide if that will solve the problem, or take your fellow home owners to court for an order forming a board if the CC&R's do not provide a process without court action. I would be happy to look over your CC&R's and point you in the right direction at no charge if can fax them or email them as a .pdf. Give me a call if you would like me to look them over.

You have potential recourse against the seller and the seller's agent/broker if this is information they knew or should have known, and it had a material effect on the value of the property. If you were represented by a buyer's agent, he/she may also be liable for not properly looking after your interests.

Sure, those kind of facts are material, and would theoretically provide grounds for legal action if you were caused substantial damage as a result. Proof of damage is your problem.

You could start a 'petition' and try to form a HOA board, but If no one is willing to participate in that, then you can't do it alone.

If you are serious about getting legal help in these, feel free to contact me.