A large number of property owners in Los Angeles are comprised of individuals or families which own a condo or townhouse and belong to a Homeowner’s Association. (“HOA”). Also referred to a common interest development, California law has statutes specifically governing common interest developments such as community apartment projects, condominium projects, planned development or a stock cooperative.
Cal. Civ. Code § 1350 et. seq. governs common interest developments. Cited as theDavis-Stirling Common Interest Development Act, this body of statutory law provides the rules concerning HOA enforcement actions, amendments, operating rules, ownership rights and interests, governance, operations, alternative dispute resolution and civil actions.
An HOA is defined as “a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.” The HOA is made up of the members or owners of the individual units and the HOA manages the property and conducts the business affairs of the common interest development.
Thus, each owner of a condominium unit in a condominium project is subject to the Conditions, Covenants and Restrictions (commonly referred to as the “CC&”Rs”) as well as his/her own rights and limitations as a property owner. It is within the scope property rights that disputes often can and do arise as between owners and other members of the HOA and owners and the HOA itself. Disputes also arise between the HOA and vendors such as contractors performing repairs and other construction related services at the property site.
Our HOA Dispute Attorneys have litigated cases on behalf of HOA members and HOAs. We have litigated both public and private nuisance actions against HOA members, as well as HOAs on behalf of members. We have also sought injunctive and declaratory relief actions seeking to abate the particular violation which results in the infringement of an individual member’s right to use and enjoy their separate property interest.
If you have an HOA dispute or are an HOA member and need a consultation regarding property rights, contact our HOA Dispute Attorneys in Los Angeles for a free consultation and case evaluation.
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