Legal Question in Real Estate Law in California

Re: condominium hoa problem..in california

What happened to you seems like an extreme invasion of your rights, but I'd really like to hear the HOA's version of the facts before deciding that you have a good case, a mediocre case, or no case at all.

There are many attorneys on LawGuru who know more about HOAs and the laws that govern them, so I won't really attempt an answer on this situation.

However, I am a bit concerned and should caution you that if your potential case rests primarily on the HOA's use of e-mail rather than certified mail to give you notices, it may argue, possibly successfully, that your admission that you got the notice by e-mail undermines any defense or complaint you might have about improper notice or lack of notice. I know that tenants giving notice of their election to exercise a renewal option must give notice in the prescribed manner. However, I am far less sure that you can thumb your nose at e-mail notices if you admit receiving them, notwithstanding that they should have been sent certified.

Re: condominium hoa problem..in california

Generally, the scope and responsibility of the HOA�s duty to repair should be contained in your Declaration. It sounds like you had water invade your residence, which may have caused enough damage to your residence and adjoining residences that it caused your HOA to inspect your residence for mold, which apparently they found. As to your question concerning notice via certified letter the Davis Sterling Act (Condo Statute) does provide for a more relaxed level of notice under certain circumstances. For example, a Demand for Arbitration can be sent via regular mail and even fax. We would need more facts to determine exactly what level of service was required. However, it sounds as though you were communicating with the HOA via email on the logistics of cleaning your condo and during the clean up process they may have taken personal property. I do agree with Mr. Whipple this sounds like a real invasion of your privacy. Feel free to contact my office via email/phone.

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