Legal Question in Real Estate Law in California

I live in an established residential community. We have CC&R's but no manditory HOA. Some people want to establish a manditory HOA and is attempting to get a majority vote, notarized one at a time. One of the homeowners who signed on many months ago, now has 2nd thoughts and want to retrieve his notarized signature. Nothing has been recorded and to date there is no favorable majority. His request was denied and he was told it was too late. Is this true? How long can you hold a vote open while you try to get one vote at a time?


Asked on 8/10/09, 6:39 pm

1 Answer from Attorneys
Nina Ortega

I have my doubts about whether a majority vote will be sufficient to create a mandatory HOA. Usually that requires the written agreement of 100% of the property owners who are to be included. You should have an attorney review the CC&Rs;to see if there is any such mechanism for a majority vote to create an HOA. (I doubt that there is.)

All your friend needs to do is write a letter to whomever is collecting the signatures and tell him/her/them that he withdraws his consent. Sending the letter return receipt requested would be a good idea.

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Answered on 8/10/09, 8:28 pm


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