Legal Question in Real Estate Law in California
HOA law
I live in small 8 home hoa $900K range and the new board tried hard to get elected and the first think they said was they are not going to enforce the CC&R . Each home owner must pursue it them self. We are divided 50/50 on enforcement but we all agreed we purchased. ??
2 Answers from Attorneys
Re: HOA law
Check your CC&R regarding the process for enforcement, but in general, you can file suit in superior court to enforce CC&R in court if the HOA Board fails to act in compliance with those rules.
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Re: HOA law
The board has an obligation to enforce the CCRs. If not, the board members can be subject to liability. Additionally, an individual homeowner can sue the HOA for failure to enforce the CCRs, and can, under most circumstances, recover attorney's fees upon prevailing.
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