Legal Question in Real Estate Law in California

Re: HOA-Making modifications

I am sorry to hear of your situation. HOA's are the cause of a lot of stress and litigation. I need more details. Please call me directly at 16195013608.

Re: HOA-Making modifications

If the previous owner was aware that the modification was required, and he supposed to do it, never did, and then did not disclose this to you when you bought the property, then you will have to make the modifications yourself, pay for them, and seek reimbursement from the previous owner. That seems to be the only recourse you have, given the facts you posted. Good luck.

Re: HOA-Making modifications

The HOA is required by law to enforce the CC&Rs and other governing documents. However, there are many facts to explore regarding this situation. For example, you should review the CC&Rs to determine if the installation of the AC unit was actually a violation of the CC&Rs.

I spent 4 years working at a firm where I represented as many as 500 owner associations of all shapes and sizes, so I have a substantial amount of experience in this area of the law. If I have not previously worked for your HOA, I should be able to assist you. If you email me the name of the HOA, I can perform a conflicts check to determine if I can help you.

Re: HOA-Making modifications

Unfortunately, your condo's purchase agreement (including HOA CC&R's), and you taking actual possession of the unit thereafter, would put you in privity of contract and estate here. Meaning, as the PRESENT owner occupying the unit now, you would be required to make the modifications pursuant to your contractual and/or estate ownership obligations. However, you would have RECOURSE (indemnification) against the former owner if that owner was originally responsible for the modifications at issue. This would be the proper party to sue if need be. If you would like further assistance, contact us directly for a free consultation.