Legal Question in Wills and Trusts in California

I trimmed my trees and took a week to clear the debris and my HOA sent a warning letter to clean up my lawn (In the letter its states property needs to be clean and clear of all debris at all times: You will have debris when doing landscaping or trimming.). I sent the HOA a letter stating I did not violet any by laws and the HOA sent another letter. Now, the HOA sent a letter stating I need to cut my lawn or else be fined. Can HOA require you to cut your lawn when ever they choose? My grass was barely 4-5" tall. Can HOA fine you for trimming your trees or for not cutting your lawn because not tall enough to benefit from cutting? HOA is relying on another's report in my neighborhood.


Asked on 12/24/12, 8:18 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

There is a document called the CC&Rs;that govern what an HOA can and cannot do. You need to consult that document. It is possible that the HOA can pursue you for not keeping your property in an orderly state, based on the contents of the HOA.

The HOA's conduct has to be in good faith and in compliance with the CC&Rs;. It sounds like the HOA is being a little aggressive here, but if they behave like that towards everyone and the HOA permits this conduct, then you likely have little choice but to comply or face the fines.

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Answered on 12/25/12, 12:31 am


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