Legal Question in Real Estate Law in California

Homeowners ASsociation

My fathers homeowners association is beyond dictatorial.My father had removd his grass and put cement on the front grass because he is disabled and needed it for ADA purposes. Well the HOA told him if he doesnt remove him,they will place a lien on his house. It cost him $5000 to put the grass back. Can we sue for damages for violation of ADA.Second, how do I recall the ADA as a organization. I have read that I can recall the board of directors with a certain amount of signatures but I want a petition to remove them completely.

Pls answer all questions


Asked on 11/29/08, 10:50 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Homeowners ASsociation

I think your father was hasty and acted unreasonably to have his lawn removed and paved over. What is his disability, allergy to grass? If as a consequence of disability he is unable to mow it himself, the proper response is to hire someone to do it for him, not pave it over! Such a step is certain to upset neighbors and likely to violate the HOA rules and CCRs. I'm on the HOA's side here. You can sue, but 97 chances out of 100 you won't win.

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Answered on 11/29/08, 11:04 pm


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