Legal Question in Real Estate Law in California

Homeowners Association Problems
I live in a small condo complex. The board of directors has failed to observe the cc&r's and does not respond to any problems from homeownersn nor does the property management company that manages the properties. The Board recently voted on a special asessment of $12,000. per unit for roof restoration. TYhey failed to provide eqach homeowner with competitive bids, warranty information, etc. etc aboiut teh new roofs. This is a 123 unit complex and the cost of the new roofs if almost $160,000.00. This amount seems outrageous. Some of us homeowners cannot afford this assessment and do not know where to turn.

Is there an agency that oversees Conmdominium board of directors and property managemetn companies actions?

Asked on 11/07/05, 8:50 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Homeowners Association Problems

There is no agency with broad powers to govern the day-to-day operations of homeowners associations. In most cases when an HOA is not properly executing its duties under the law and the governing documents, your remedies are generally limited to (1) a lawsuit money damages; (2) a lawsuit for injunctive relief; and (3) getting a group of people together to recall the board and install new leadership.

HOA representation is sort of a "niche" area of real property law and there are not many attorneys who know this area very well. To find a local attorney that mgith be interested in your case, I suggest you start with either the Community Associations Institute or the California Association of Community Managers and they should have names and numbers of experienced attorneys in area.

Answered on 11/07/05, 9:10 pm

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H.M. Torrey The Law Offices of H.M. Torrey

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Re: Homeowners Association Problems

You may have legal remedies available to you and/or the owners at issue. However, you may want to immediately consult with an attorney to provide additional facts, a copy of the CC&R's, etc...Your question is a little too complicated for a short legal response herein. If you would like further assistance/direction, contact us today.

Answered on 11/07/05, 9:10 pm

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