Legal Question in Real Estate Law in California

I have a condo in a small 14 unit complex, all rentals, no owners. I want to sell my unit but can't until the HOA takes care of a water problem under the unit. It turns out that there isn't an HOA, just one fellow who does everything. Past experience causes me concern. I had asked him many times, for 6 months, for HOA minutes, financials, etc. but never received them. I'm afraid he is not going to take care of this problem and it is interfering with the sale of my condo. Yes, I am looking for a local attorney that specializes in HoA, just in case.


Asked on 10/31/13, 11:02 pm

2 Answers from Attorneys

William Christian Rodi Pollock

Start by checking your CC&R's (Covenants, conditions and restritcions) to see whether there is a homeowners association. If not, why is this guy doing anything? I would quess there is such an association, and it has hired him and is delegating obligatons to him.

You should have information on the HOA with the documents provided you when you bought the unit. Review those carefully to determine what your rights are. Then seek counsel.

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Answered on 11/01/13, 10:37 am
Mitchell Sussman Mitchell Reed Sussman & Associates

My office has handled many homeowner disputes with homeowner's associations. ("HOA")

It is typical to have an HOA even for a small development such as yours.

The HOA's job is to maintain common area and they do this through assessments.

So the easy way to find out the answer to the question of whether there is an HOA

is ask yourself, are there common areas? Do you have an assessment either monthly or yearly that you must pay? If the answer to these questions is "yes" then you do have an HOA.

A title company can find the specific governing documents and you should contact

one for the purpose of doing a search.

Once you have the governing documents in hand you should send them to your attorney who will review them and advise you of the next step, which typically is a demand letter then a complaint for damages for breach of the obligations set forth in the governing documents.

In such action, you should be able to recover not only damages but also the recovery of

attorney fees.

More information can be found by visiting my website www.losangelesrealestateattorney.com

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Answered on 11/01/13, 10:58 am


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