Legal Question in Real Estate Law in California
Common Area Violations
This matter involves a board of directors for a homeowners association. There are 3 owners who have encroached on the common area by extending their patios. Does the board have the authority to allow them to retain their patios or is it necessary to amend the CC&R's?
1 Answer from Attorneys
Re: Common Area Violations
If the owners are in violation of the CC&R's the Board is not allowed to ignore the violation. The Board is supposed to enforce the CC&R's. The owners probably should have had to file plans with the Board before doing any permanent construction. I do not see that you can amend the CC&R's because you would be taking land owned in common from some of the owners and doing it after the fact of their obtaining ownership] and giving it to three who violated the rules. Soon you would have more encroachments.
If you are a member of any Condo organization, they should be able to give yo further advice.
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