Legal Question in Real Estate Law in California
can a hoa in california use a small portion of the davis sterling act incorporated into cc&rs;and exclude the rest of the davis sterling act. the cc&rs;has only the lien section of the davis sterling act. also by not allowing the homeowners to use the rest of the davis sterling act like mediation and other civil codes is the hoa board violating state laws and what is the penalty and or fine ? thanks much
Asked on 10/19/10, 3:30 am
1 Answer from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
The CC&R's would have to be reviewed by an attorney with your specific concerns. Generally, the CC&R's are binding, unless they conflict with California and Federal law.
Answered on 10/25/10, 8:29 am