Legal Question in Real Estate Law in California

The leasing policy at my HOA allowed the owner to rent their property for up to 6 mos. every year.

In 2008 the policy was revised to only allow owners acquiring their property after the revision to rent for an accumulative total of 1 year for the life of their ownership.

Pre-revision owners were granfathered in and allowed to continue to lease their units as before.

My neighbor, a pre-revion owner recently applied for and was rejected for a 6 month rental. The reason given, was that if he had not exercised his option to rent prior to the 2008 revision, then he lost that option.

There was no 'use it or lose it clause' in the original or revised policy.

I addressed the Board as a pre revision owner and my plea to reconsider their decision was rejected.

What further actions are open to me.


Asked on 5/20/13, 1:11 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Personally I would recommend a declaratory relief action in something like this. Those kinds of cases involve a judge interpreting the CC& R's and making a call as to the proper interpretation, in the light and framework of the law.

I would suggest that you speak to a competent real estate attorney near you, and bring a copy of the relevant documents.

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Answered on 5/28/13, 4:19 pm


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