Legal Question in Real Estate Law in California

Homeowner Assoc. v.Residents
We have recently purchased a single family home in CA in a development that has a homeowner's Assoc.We would like to erect a fence around the front yard. If the homeowner's assoc. doesn't allow this, do we have any rights in terms of being able to override their authority? Thank you.

Asked on 6/04/99, 6:29 pm

Jed Somit Jed Somit, Attorney at Law

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Re: Homeowner Assoc. v.Residents

Check your "CC&R's" (Covenants, conditions and restrictions), especially

the documents setting up the Homeowners association and giving it powers. If

the Association has the power to approve or disapprove improvements such

as fences, it may be able to prohibit it, if there is a rational basis

for such action (such as maintaining a standard appearance, etc.) In some cases,

if there is no reasonable ground for the Homeowners Association's

action, the courts may override the decision. But it is an expensive

and extended road through court.

Answered on 6/07/99, 8:47 pm

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