Legal Question in Real Estate Law in California
HOA board non-liability
I have asked for 5 years for the HOA board / mgmt to enforce the CC&Rs, they have ignored my requests.
I am thinking of suing them, in part for allowing the neighbors to conduct harassment that the CC&Rs would prevent.
However, the bylaws state to the fullest extent permitted by law, the board shall have no liability as a result of inaction or negligence.
The bylaws give the board the power to enforce the CC&Rs. What are my legal options and / or how can I sue the board / association?
2 Answers from Attorneys
Re: HOA board non-liability
Generally, provisions that negate liability for negligence are void and unenforceable as against public policy. Additionally, be careful before you sue your HOA. These types of disputes are covered by the Davis Stirling Act and you will have to submit to arbitration, not a court process. Moreover, in general, if you lose, you will owe the HOA all their attorney fees. Unfortunately, HOA law is stacked against the homeowner.
However, you are not without remedies. Contact a lawyer to reveiw your case more thoroughly and consider following the recommendations of the previous post.
Best of Luck!
Re: HOA board non-liability
Depending on the nature of harassment, you might be able to seek a restraining order directly against the neighbors, and perhaps sue them for nuisance. Contact a lawyer in your area.
Another remedy is to run for the board of directors and change policy.
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