Legal Question in Real Estate Law in California
Implied in fact contract
I live in an over 55 community/HOA in California. Sixteen years ago a man asked permission of the HOA board of directors to start a community garden. The board happily agreed in writing, but didn�t follow the proper procedure for granting exclusive use of the commons property. Essentially there was no contract, especially after the first year, when contracts with the HOA would normally expire.
The man kept gardening over the years, expanding the garden to 10,000 square feet. He never asked permission to make changes and the various boards were happy, never raising an objection. In the early part of 2013, the man handed management of the garden over to another individual. The board accepted this. The second man invested a lot of work and money into the garden without any opposition, and when things were well under way, a new board sent him a cease and desist, destroy the garden letter.
My question is, did all those years of gardening with tacit approval create a long-running, implied by fact contract? I�m well aware that such a contract can be terminated at any time, but the presence of such a contract up to the very end would mean that none of the past improvements made in the garden could be seen as violations, as the board maintains, since they were approved of by the board�s silence.
Thanks in advance
1 Answer from Attorneys
My question is, did all those years of gardening with tacit approval create a long-running, implied by fact contract? No. You're actually treading into another area of the law which may have an argument here.
"the presence of such a contract up to the very end would mean that none of the past improvements made in the garden could be seen as violations... approved of by the board�s silence" --- This is not right
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