Legal Question in Real Estate Law in California

H.O.A. Delayed Request to Remove Improvements
Over 6 months ago I added solar lighting to the walkways in the front of my house. During this period, the HOA never once commented or complained, in fact I had a positive write up in there monthly newsletter. I never submitted plans to the Design and Review Board at any point. I believed it was not necessary as there is a bylaw in the CC&Rs exempting improvements for lights under 150 watts.

Now, 6 months later, the HOA is telling me that the lights do not conform to there approved designs and are requiring me to remove them. My friend (who is the head of his HOA) told me there is a statute requiring the HOA to notify me within 6 months of any violation.

While I find this hard to believe, I figured I would check with this forum first. I have a pretty good argument about the lights and the wattage, but if I have a second argument dealing with some type of staute of limitations, I would appreciate knowing about it. Thanks.

Asked on 4/21/08, 7:58 pm

Mitchell Roth MW Roth, Professional Law Corporation

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Re: H.O.A. Delayed Request to Remove Improvements

Don't know.

Answered on 4/21/08, 9:03 pm

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