Legal Question in Real Estate Law in California

I reside in a development consisting of 12 parcels. There is a "common area" included which none of the residents use or want. The president of the homeowner's association insists insurance is required for the the common area even though most of the homeowners have requested the common area be eliminated. Do the homeowners have any recourse to eliminate the common area and its insurance?


Asked on 11/18/11, 1:12 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Someone will have to own the property. No one outside the community would want to buy it as they could not use it. Insurance definitely needed.

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Answered on 11/18/11, 1:59 pm

Mr. Shers is right. Unless the common area is deeded to someone else it continues to be owned by the HOA and must be insured.

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Answered on 11/23/11, 1:04 pm


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