Legal Question in Real Estate Law in California

HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

I was just informed by an attorney that ''as long as the HOA has a majority vote, it doesn't matter what their CC&Rs say or don't say, and that they, the HOA, can ignore things like the Davis-Sterling Act, State Laws or Statues.''

Please say it ain't so!!!?????!!!!

Asked on 10/01/05, 2:40 pm

4 Answers from Attorneys

Larry Rothman Larry Rothman & Associates
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Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

An Association cannot avoid following its CC & R's/Davis Sterling Act, State Law or Statutes.

You may note that certain items such as emergency repairs can be done by vote, but the governing documents and law must still be applied.

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Answered on 10/03/05, 8:25 am
Christopher M. Brainard, Esq. Law Offices of C. M. Brainard - (310) 266-4115
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Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

HOA law is one of my areas of practice and expertise. It depends on the facts, but generally they have to follow the CC&Rs, and if they act out of step with the Statutes, inclusive of the Davis-Stirling Act, it is illegal.

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Answered on 10/01/05, 2:51 pm
Carl Starrett Law Offices of Carl H. Starrett II
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Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

Before I opened my own practice, I spent 4 years working exclusively for HOAs and represented about 450 HOAs. I can assure that HOAs cannot simply ignore their CC&Rs or the applicable statutes.

However, many individual homeowners do not have the resources to fight the HOA in court when it DOES do something in violation of the CC&Rs or applicable laws. With certain narrow exceptions, there are no agencies that regulate the day to day operations of an HOA. If you don't have the resources to file a lawuit, then that might have the PRACTICAL effect of letting the HOA get away with ignoring the law and the CC&Rs.

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Answered on 10/01/05, 3:08 pm
Joel Selik www.SelikLaw.com
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Re: HOA/CC&Rs/Davis-Sterling Act/Sate Law/ Statues

It aint so.

JOEL SELIK

Attorney at Law www.SelikLaw.com

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This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.

We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.

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Answered on 10/01/05, 3:11 pm

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