Legal Question in Real Estate Law in California
We have replaced the windows for our townhome in California. Per CC&Rs;it looks like we had to get a permit from the HOA/Property manager before any window installations. Also the type of windows does not match (they require a narrow frame simonton and we had a slightly wider frame window). Also, they require a tear-down (or new construction) type of installation while we did an retrofit installation. Now the HOA is threatening me to take the windows down and install what is in the CC&Rs;otherwise they said they will turn the case to their attorney. I am wondering if I have any chance keeping my installed windows. Ready to pay a fine and get over with it but HOA is adamant about CC&R requirements. Pls help.
2 Answers from Attorneys
The purpose of the rules is to have the outsides look uniform; paying a fine does not achieve that goal. When you purchased the townhouse you had to sign agreeing to the CC&Rs;. If the HOA will not back down then they can enforce the contract and make you replace the windows you put in.
I agree. This HOA sounds as though it is really "up in arms" and even hiring a local attorney to defend you might be just another waste of money. However, you might want to see if you can find a local real-estate lawyer who would at least give you a free consultation, to which you should take pictures showing the difference in appearance, and a copy of the CC&Rs;. Your contractor perhaps should have warned you.
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