Legal Question in Real Estate Law in California

The HOA made a new rule against the shed I built on the patio.

Before I bought the place, there are several shed on other owner's patio and have stayed there for years. I built one half years after I moved in. The shed itself is neat and clean. But HOA of my condo (Home association) made a rule right after that and asked me to remove it and also ask other owners remove theirs as well. There are 4 bulidings(A, B, C, D) in the community and we have different board. The HOA of building C and D doesn't make this rule. Is there any way that I can keep my shed? The house is lacking of storage and I do need it. Thank you very much.


Asked on 8/15/03, 1:55 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: The HOA made a new rule against the shed I built on the patio.

I doubt the HOA could enforce a rule with retractive effect in court, so you could probably just tell the HOA that your shed is "grandfathered."

There would be two possible exceptions. The first is that the HOA could probably make a rule have retroactive effect if it were necessary for safety, or if it addressed a public or private nuisance. This is a question of fact that I can't address based on what I know, but I guess you're OK here. The other exception would be if the pre-existing HOA rules or the CC&Rs already give the HOA the power, somehow, to ban sheds, and the NEW rule is merely a clarification of an existing rule, CC&R or policy.

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Answered on 8/15/03, 3:41 pm


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