Legal Question in Real Estate Law in California

Property Dispute: Townhome External Deck Size and HOA

If I purchased a townhome which has an outside ground floor deck that is a little larger than the HOA permits, do I have to modify it? I did not install it. Furthermore, the owner before me was never asked by the HOA to make any changes.


Asked on 6/01/00, 12:06 am

1 Answer from Attorneys

Joshua Genser Joshua G. Genser, Attorney at Law

Re: Property Dispute: Townhome External Deck Size and HOA

It depends upon the terms of the CC&Rs governing

your development, the amount of time the deck has

been in existence, whether the HOA was previously

aware of the non-conforming deck, and previous

communications with the HOA. Take all of your documents

and go meet with a lawyer.

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Answered on 7/18/00, 1:50 pm


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