A homeowners association [HOA] asked the court to issue a preliminary injunction requiring a homeowner to remedy an unauthorized modification to the flooring in his upstairs condominium unit to reduce the transmission of noise to the unit below. Defendant contended hardwood floors were necessary in his unit because his wife is severely allergic to dust. […]
Homeowners’ Association Must Accept Partial Payment.
The question in this case is whether a homeowners association is required by the Davis-Stirling Common Interest Development Act (Civ.Code, § 4000 et seq.) (the Davis-Stirling Act) to accept partial payments from an owner of a separate interest, who is delinquent in paying his or her assessments, after a lien has been recorded against the […]
Homeowners Association Meetings Fall Outside The Scope Of Official Meetings Within The Meaning Of The Anti-SLAPP Statute.
The trails developed by a developer adjacent to a housing community were badly damaged during rains and flooding in 2005. The home owners association brought an action against the developers for construction defects. The HOA also sued three former employees of the developers who were appointed by the developers to be members of the HOA […]
Homeowners Association Must Accept Partial Payments.
A homeowners association notified a homeowner of a $3,864.96 delinquency. Two weeks later, a lawsuit against the homeowner was authorized. During the following months, the sides reached an agreement regarding a payment plan, although the homeowner never signed the agreement. The homeowner did, however, make three payments totaling $3,500, although the monthly payments of $188 were […]
Homeowner’s Association (HOA) Has Standing To Sue Developers.
The developers of an upscale condominium project entered into a parking license agreement, licensing the use of parking spaces appurtenant to the property “for the benefit of the residential homeowners association,” [HOA] but before the homeowners association actually existed. According to the agreement, the license is “perpetual,” “shall be at no cost,” is “irrevocable” and “the […]
Homeowners Association Election Rules Upheld.
A homeowners association adopted a rule that prevents a person from seeking a position on its board if the prospective candidate is related by blood or marriage to any current board member or to any candidate for office on the board. A homeowner within the association contended the rule violates his right to nominate himself for the […]
Homeowner’s Association Must Strictly Comply With Davis-Sterling Prior To Foreclosure.
A homeowner’s association [HOA] decided to replace all of the roofs in the development, and approved a special assessment of $9,750 per unit after a special election by a majority of the voting members of the association. After homeowner/petitioner failed to pay her special assessment, the HOA recorded an assessment lien on her townhouse property and […]
Service Of Notice To Vacate Arbitration Award Is Not Accomplished By Merely Sending Notice Pursuant To Leave Provision.
Condominium homeowners petitioned the superior court to vacate an arbitration award. The trial court dismissed the petition based on the homeowners’ failure to properly serve their petition to vacate on the owners of the development as required by Code of Civil Procedure section 1288. The homeowners argue they served the petition in accordance with the requirements […]
Homeowners Gone Wild Inside Of A Limited Liability Company.
Homeowners in a homeowners association transferred title to themselves as trustees for a family trust. Thereafter they submitted architectural plans to remodel the house, which were submitted to the HOA, and resulted in a dispute. The HOA denied the access to HOA’s board meetings to the lawyer for the trust because the HOA’s lawyer was of […]
Homeowner Prevails Against Homeowners Association.
Several general provisions in CC&R’s interpreted differently by the Homeowners Association and homeowner, resulting in a $10/day fine until a cabana and fireplace were removed. The trial court sided with the homeowner, vacated the fine and ordered some modifications to the cabana and fireplace. The appellate court affirmed, concluding the trial court properly interpreted the governing documents, and […]