Legal Question in Real Estate Law in California
help with home owner association!
help i have been trying to have my home updated with new landscaping and entry stairs, to which you need to enter my home on second floor. the association has fought me every inch of the way know two years later they want to--name removed--me, they gave me 4 weeks. i now have spent so much trying to get things done drawing after drawing i dont have the money this month to complete. i was told about a hardship that i could file with the court, can anyone advise me on how to do this?
thank you
1 Answer from Attorneys
Re: help with home owner association!
It is really very hard to tell what's going on here or what the root cause of the dispute between you and your HOA is from the limited facts given.
'Hardship' is sometimes a defense to performance on a contract or a defense to forfeiture on a lease following a default. It's hard to see how either applies to your situation. One doesn't simply go into court and say 'I'm experiencing a hardship.' You generally have to have filed litigation of some kind, such as an unlawful detainer action or breach of contract, before a court will hear an argument based upon alleged hardship.
Perhaps you are thinking of seeking a temporary restraining order. This might fit the circumstances, but like all injunctions a TRO is technical and hard to obtain, even with a lawyer.
All in all, I think your best course of action is to gather up all your paperwork and try to find a local real-estate lawyer that will give you a free initial consultation in person.
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