Legal Question in Real Estate Law in California

Homeowners Association Problems

We have a retired attorney as our HOA president. He recently cut pretty much everything down (trees, shrubs, etc) on the bank behind my house. It now looks terrible. This is on association property. He claimed ''his'' decision was based in part on a height restriction on trees and shrubs. The board of directors' does anything he says because basically they are getting free legal advice. We have had issues in the past and I think this is purely retaliation on his part. There is no height restriction as he stated. He even went so far as to provide me a fictitious document to back up his claim. Can he do that? It seems like this should be criminal, even though it probably isn't. I have full documentation on what he said and he even admitted later (in writing) that he lied. He said they like to use this fictitious CC&R to settle disputes such as this. Another lie. As far as I know, they have never used that restriction before.


Asked on 7/05/09, 1:36 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Homeowners Association Problems

Pretty obviously, he can't use fictitious documents to support his actions. However, that being said, the board of directors has some immunity in terms of their decisions even if ultimately wrong. You have a few options. First, you can sue the Board of Directors over their actions, and essentially drain your own wallet in doing so. Remember, the Board, unless they can be shown to be acting entirely out of the scope of their role, is entitled to have their defense paid by your HOA. Second, you can formally protest their decision, and force them into Alternative Dispute Resolution - again, this is akin to suing yourself, however, it would be less costly than court. Third, you can also pursue a recall, though once again, it is costly and the cost will be borne by the HOA. Finally, you can muster up support from your fellow homeowners, and clean out the Board at the next election. I'm sure you want immediate resolution, but unfortunately in HOAs that is not commonly the result. I would suggest that you meet with a real estate attorney in your area to go over this in more detail, and see what you may or may not be able to do.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/06/09, 1:05 pm


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