Legal Question in Real Estate Law in California

HOAssociation Issue
I live in an association. We are trying to re-build an existing deck. The association is attempting to purchase a park from the city of Mission Viejo, which borders our property. The deck does not extend past our property line. They have denied the re-build until the issue with the city is resolved (which could take years), saying the city might require different forms of notification/consent. An independent contractor informed us that the deck is unsafe, which makes us worry about liability issues. The CC & R's say nothing, of course, about any such issue. It does say that any construction started without prior approval will be subject to a cease and desist order, fines and possible removal of all new construction. Since my deck is unsafe, do I have any recourse? Should I contact the city? Should I inform them that intend to seek legal advice due to the current state of my deck?

Asked on 3/27/03, 4:42 pm

Joel Selik www.SelikLaw.com

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Re: HOAssociation Issue

You may want to take on the HOA as they are not doing their lawful duty based on matters that they may not consider (arguably).

JOEL SELIK

800-894-2889

www.SelikLaw.com

Attorney-Real Estate Broker

Answered on 3/27/03, 5:41 pm

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