Legal Question in Real Estate Law in California

Our HOA is threatening to sue us to remove an arched trellis with a vine growing on it, which is on our patio. We are not the only residence in the community with trellis's, plants, etc., and feel they are being unreasonable, arbitrary, and capricious, which the CCR's specivically address. HELP!


Asked on 4/14/11, 5:12 pm

3 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

You do not say what the CC&R's do actually state and whether plants on your patio are forbidden or not. It is not illegal for them to enforce the rules against you but let a few others escape. Without more information I would be guessing at any more suggestions.

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Answered on 4/14/11, 6:13 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd also assume that the HOA is acting in response to a complaint, probably from a nearby neighbor. HOAs do not go out looking for violations, at least not this kind.

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Answered on 4/15/11, 9:17 am
Anthony Roach Law Office of Anthony A. Roach

I'd charge $300 to remove the trellis and plants, not counting travel time.

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Answered on 4/15/11, 12:19 pm


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