Legal Question in Real Estate Law in California

Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

An Association cannot avoid following its CC & R's/Davis Sterling Act, State Law or Statutes.

You may note that certain items such as emergency repairs can be done by vote, but the governing documents and law must still be applied.

Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

HOA law is one of my areas of practice and expertise. It depends on the facts, but generally they have to follow the CC&Rs, and if they act out of step with the Statutes, inclusive of the Davis-Stirling Act, it is illegal.

Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

Before I opened my own practice, I spent 4 years working exclusively for HOAs and represented about 450 HOAs. I can assure that HOAs cannot simply ignore their CC&Rs or the applicable statutes.

However, many individual homeowners do not have the resources to fight the HOA in court when it DOES do something in violation of the CC&Rs or applicable laws. With certain narrow exceptions, there are no agencies that regulate the day to day operations of an HOA. If you don't have the resources to file a lawuit, then that might have the PRACTICAL effect of letting the HOA get away with ignoring the law and the CC&Rs.

Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

It aint so.

JOEL SELIK

Attorney at Law www.SelikLaw.com

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