Legal Question in Real Estate Law in California

Re: Real Property - Common Land

Feel free to contact our CA member firm to assist you with challenging this action, which does not appear to be authorized.

Re: Real Property - Common Land

My answer is always the same involving Homeowner's Association, and CCR's.

The legal system basically stays away from getting involved in any legal disputes, involving HOA's.

You almost always have to fight these situations from the inside, such as attending Board meetings, and bringing this matter up before the Board.

Unfortunately, where a power of attorney exists, or whether or not the CCR's permit this, and whether or not the association dissolves, it is almost impossible to get this matter successfully resolved in a court of law.

HOA's are treated almost as separate nations, such as Native American reservations, where they have their own police forces, and make rules by tribal counsels.

Sorry I can't encourage you, but there isn't much encouraging here.

Re: Real Property - Common Land

Not without compensation to the HOA. You should have an attorney look at the documentation transferring the property and the CC&Rs to try to unravel what has occurred and a strategy if you and/or neighbors want to pursue a remedy.

Re: Real Property - Common Land

Every member of the HOA was an owner of that common land. I doubt the CC&Rs authorize the board to give that land away - especially if he did not pay for the land.

I am interested in your case. Feel free call if you'd like to discuss.

Re: Real Property - Common Land

Normally, an association cannot deed common area without 100 % membership and lender approval, but we would need to review your C.C. & R's. Plesae contact us if you have any questions.