Legal Question in Real Estate Law in California

The security gate is the only reason people live here. It is a dangerous neighborhood and our HOA rips us off for $500 a month (seriously) not because of any fancy recreational facilities or picturesque landscaping, but because that gate keeps us away from one of the scariest places in san jose. It has been over a month now that the gate has been stuck in the open position. Can I demand a large refund of my HOA fees? Should I stop paying? How can they be forced to provide the protection they promised us when we moved in? Thanks so much for your help.


Asked on 12/03/17, 2:54 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, negotiation is almost always a better first step than litigation, and in this case, probably wiser than withholding payment. I'd try to get your HOA or the property-management contractor to give you a written explanation and a time estimate to get it fixed. You might add that you'd hold them liable for any burglary losses or other harm ...... don't know if that would actually hold up in court, but it might persuade the HOA to take action. BTW, $500 a month for a gate alone -- without gatekeeper -- sounds like a ripoff. How many co-owners also pay?

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Answered on 12/03/17, 3:30 pm


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