Legal Question in Real Estate Law in California

HOA regulations cannot be enforced?

I have been having a problem with my next door neighbor, who just moved in recently and play loud piano all the time. The neighbors and her 6 (SIX) kids said they have the right to do so from 8:00 AM - 10:00 PM. Problem is, they put the piano next to the wall where my bedroom is, so I can't sleep until they stop playing. In researching the HOA regulations (given to and must be signed by all condo owners), there's a section that says the following:

(a) use and occupancy of Units shall be RESTRICTED to two (2) permanent residents, per bedroom, plus one (1) permanent resident.

Clearly, my neighbor have 7 occupants and that break the HOA rule.

I checked with a local lawyer and he said the HOA regulations CANNOT be enforced legally, especially to a tenant (my neighbor is not an owner, just a renter) UNLESS the homeowners get together and vote.

I never knew this! So HOA regulations is just a stack of paper that provide only guidelines and no one need to follow them? The HOA regulations says that move-in / out requires $300 payment to the HOA Manager, EACH time, so I don't have to follow this too, right? (I am planning to move out if the issue above does not get resolved).


Asked on 12/12/08, 4:56 am

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

Re: HOA regulations cannot be enforced?

Murder is illegal, but you can't sue someone for murder, nor can you ask for a temporary restrianing order against it. The power and right to bring felons to justice belongs to the district attorney. You can, however, file a police report against persons you suspect, and ask for follow-up.

Similarly, although the HOA rules are for your benefit, you cannot (apparently) initiate action. However, you can make out a complaint and request follow-up action by the HOA.

(My analogy between prosecution of crime being a sole DA function and action for violation of CC&Rs being an HOA area of responsibility is not perfect and other lawyers may find fault with it, but is close enough to show why, in my opinion, the CC&Rs and similar rules and regulations are not just a stack of useless paper.)

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Answered on 12/12/08, 6:49 pm


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