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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46195
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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in Calif., can an HOA assess a fine for breaking county and

Customer Question

in Calif., can an HOA assess a fine for breaking county and cc&r) leash law (dogs), when HOA board members and many others in community continually break same law?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. The HOA is not going to be able to enforce this. Although a HOA generally has the right to enforce the restrictions in the CC&R's and to impose fines on violators, there are two circumstances where this right is lost...i) where the restrictions have been ignored in the past, and/or ii) where the restrictions have been selectively enforced. If, in spite of the restrictions in the CC&R's, if there are other instances where the situation exists that should fall within the restriction, then one of the foregoing must have occurred, and thus the HOA cannot then legally enforce the restriction or impose any fines against you.


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Customer: replied 1 year ago.

is this true in CA?

Expert:  Richard replied 1 year ago.
Thanks for following up. Yes, I noted you were in California, and provided you information applicable to California.
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX rate your answer as excellent. Another question: at the same meeting, the HOA claimed to have 10 complaints about my dogs (a Bouvier des Flanders, and a large Bouvier mix). My landlord failed to notify me of said complaints, and none of them are creditable, as my dogs have not been off leash in the community in the presence of any other animals this year. The board made their decision, and further stated "the dogs must be removed immediately", without anyone to refute the complaints. The board is allowing me, via my landlord's request, to attend their "executive session" tomorrow evening to appeal their decision. My landlord will not attend the meeting, so I must prepare a request to appeal. Any advice?

Expert:  Richard replied 1 year ago.
You're welcome..it's my pleasure to help. With regard to your appeal..i) let them know the burden is upon them to prove the violations and that you intend to fully contest each and every violation; ii) provide them the information that I provided above about prior non-enforcement and selective enforcement; and iii) let them know if they pursue this, not only will you file a lawsuit naming the HOA and each board member and officer individually to have the fines invalidated, but that you will also seek actual and punitive damages against all defendants due to their actions.

And, thank you so much in advance for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46195
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 5 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thanks so much for the positive rating and the generous bonus! I appreciate your kindness and the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/
Customer: replied 1 year ago.

Hello again from Virginia in Calif with this HOA problem. The "board" appeared to allow my landlord to appeal their decision that my dogs are a "nuisance and a danger to the community". Mock hearing, as only 2 members were present, and they paid no attention my statement that the complaints they received were specious, and pictures of my 7 yr old neighbor hugging my dogs. They claim their decision is final. No proof, board member still letting his dogs off leash...this is upsetting an so absolutely unjust. As E.Burke said "all that is required for evil to exist is for good men to do nothing". Do you have any further advice? (also, the property management representative did listen to my situation and put my issue on the agenda for the next executive session, and in a conference call with my landlord, gave me permission to attend said meeting. The "board" removed the issue from the agenda, rescinded my permission to attend, and on Aug. 5, held their 2 of 6 member kangaroo dispute resolution meeting, fully intending beforehand not to change anything).

Expert:  Richard replied 1 year ago.
Thanks for following up on this. Yes, I would pay the fines so you don't run up any additional fees for failure to pay, let them know you are paying under protest, and the file a lawsuit naming your landlord, the HOA and each board member and officer individually for your actual damages (relating to all your fines paid) and punitive damages against all defendants due to their unconscionable actions. It's likely you'll only need to file the suit because it's amazing the impact of being served with a summons you are being sued does to these bully-types that serve on association boards.
Customer: replied 1 year ago.

Again, thank you.

Expert:  Richard replied 1 year ago.
As always...I'm happy to be able to help! You're very welcome!

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