Legal Question in Real Estate Law in California

HOA membership

When We purchased this hose We were told verbally that there 'was' (past tense) homeowners assn. but that was not really viable. Also We signed no forms acknowledging that membership nor payment of dues was required as a condition of purchase. In the past 2 years ther HOA has resurfaced with all sorts of silly plans eg: ''All houose will have 3 ft hiugh whit e picket fences and tulips plated in front...all existing fenses will be removed.

Another called for the formation of an archtectual board..note this is a former ''Company town'' all hopuse were at one time identical, was the headquarter houseing of a very large saw mill.

NOw this newly revived HOA is threating to turn Us over to 'collection' for non payment of dues and have even threated seizure of property.

I maintain that with out Us having been informed in writing of the requirement and signing such that they are blowing smoke..

Help Please

Thank You


Asked on 7/27/04, 1:36 pm

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: HOA membership

I think the CC & R gives you notice. If you intend to fight you will need an attorney who specializes in the area. I do. You may contact me.

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Answered on 7/28/04, 11:24 pm
Larry Rothman Larry Rothman & Associates

Re: HOA membership

Please contact my office at 714 363 0220 to set up an appointment. I would like to review your written documentation including any letters. We handle cases throughout California. We can review your documentation by fax and speak with you by phone. Do you have C.C. & R's?

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Answered on 7/31/04, 2:34 pm


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