Legal Question in Real Estate Law in California

is there any way to fight the laws of home owners association fees and fines?


Asked on 9/12/12, 12:47 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

That is what lawsuits are for, if you are willing to spend the money, time and effort, at risk.

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Answered on 9/12/12, 1:29 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you mean "laws" in the true sense - something adopted by a governmental body - then you have the usual list of rights: electing different lawmakers, petition, initiative, and possibly a court challenge of the constitutionality. However, homeowners' associations don't pass laws in the true sense. They have rules and regulations which are "private" in nature, not governmental. These rules and regulations are enforceable based upon the principles of private contract. When you buy property where there is an HOA, you sign papers (contracts) whereby you agree to the authority of the HOA to make rules, levy fines, etc. There is a substantial amount of litigation between HOAs and individual homeowners. I don't know who prevails on balance. I do know that HOAs usually have very experienced lawyers to defend themselves against homeowner lawsuits. I also know that sometimes HOAs overstep their authority and make or enforce rules they shouldn't, and in these cases individual homeowners sometimes win.

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Answered on 9/12/12, 6:50 pm


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