Many residences in California are located in planned developments and as a result are subject to what are called CC & Rs, that being conditions, covenants and restrictions which are set forth in a recorded document. The terms within the CC & Rs are binding on all the owners (including their tenants) of the separate property interests in the development. A separate property interest can be that of ownership of a house on a lot, or a condominium which may be a one level unit in a building consisting of many units or a townhome.
Planned developments will have common areas and these common areas are either owned by the homeowner association with the separate property owners having non exclusive easements in the common areas, or owned by all the separate property owners as tenants in common, all with non exclusive easements in those areas.
A homeowners association (‘HOA’) is created under the terms of the CC & Rs, the members of which are the individual property owners of the development. A management company is most often employed by the HOA to carry out and enforce the provisions of the CC & Rs along with by laws as are adopted.
Issues often arise after damage that affects either a common area or an individual owner’s home. Questions arise as to who maybe responsible and how the injured party can collect if at all.
Then we have notices of delinquent assessments if any general or special assessments go unpaid. It’s important to deal with assessment disputes as quickly as possible as the homeowner’s activity in disputing the bill runs up attorney fees of HOA’s counsel which the homeowner may end up being responsible for.
Whatever the planned development related problem, my office is ready to assist.