Legal Question in Real Estate Law in California

Re: Housing Associations

Your question presents one of the thornier problems that attends living in a common interest development under a homeowners' association (HOA), and the quick and honest answer has to be that I don't know. The first place to look though would be in the CC&Rs � the Covenants, Conditions & Restrictions, as well as Bylaws, that HOA's are required to have in place. These documents usually establish acceptable uses and exterior d�cor standards as well as other rights and obligations of single interest owners and the governing bodies.

Obviously the problem you face is a matter of subjective choice. There's been a lot of case law developed over the years, where the courts try and sort out the relative rights of individual owners versus the rights of the HOA or other governing body to enforce CC&Rs.

You need to dust off those documents and look through them carefully to see if anything is written about window coverings. If the notice you received does not cite you to a specific section of the CC&Rs or bylaws, you might send the HOA a letter asking them to cite you to the specific section of the governing documents that supports their position. If they cannot cite such a section because no such section exists, you may have an easier time of proving that their action is arbitrary and capricious.

You need to be aware that fighting with the HOA can often be an exhausting vexing business, and any litigation arising from the dispute can be expensive.

Please feel free to contact me with further questions.

Now the inevitable caveat:

The foregoing information is provided as an accommodation only, and does not constitute specific legal advice or a biding legal opinion based on a comprehensive review of all relevant facts and documents, nor can provision of such information be construed as creating an attorney-client relationship.