Legal Question in Real Estate Law in California

I hope I'm responding correctly.

The CC&R's say that changes to the yard including adding or removing rocks need to be approved. the HOA is saying that the previous owner never requested to put in rock, and now we must remove. When they did the site inspection to determine if our home was compliant before the house closed they did not list the rocks as being put in without approval.


Asked on 4/22/11, 3:26 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

You could argue two points with the HOA:

1. if the rocks are in compliance with the CC&Rs;[I think you wrote that they felt rocks were unattractive] and the only "error" is the failure to obtain permission, then at most the sanction should be a fine and not the removal of the rocks;

2. if having the rocks is banned by the CC&Rs;, when you were in the process of purchasing the unit the HOA was aware of such purchase, as they must be notified as to a sale, you would have paid less for the purchase price had you known you wold have to remove the rocks, the HOA would reasonably know that, and by the HOA not mentioning that the rocks were banned, it is estopped from going after you for the removal [they had a duty to tell you of the additional cost that would be involved].

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Answered on 4/22/11, 5:27 pm


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