Real Estate Law
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Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.
I am sorry to hear these individuals are trying to bully their way into forcing these CC&Rs on your community.
In order to best assist you, I need to understand the procedural posture a little bit better. Who exactly has filed the petition (was it the HOA, was it the Board, or was it a number of the homeowners collectively)? Also, who did they file the case against?
The petition was filed by the Homeowners Association INC
Okay, and is there a defendant?
The Homeowners Association filed the case against all members of the Homeowners Association and DOES 1 through 50, Inclusive
No the petition has a petitioner and a respondents
Petitioner vs Respondents
As a homeowner you have just been sued by your HOA for declaratory relief (probably under the CC&Rs, but potentially under the Davis Stirling Act as well). To respond to this and to fight the proposed CC&Rs, you and the fellow homeowners who oppose the new CC&Rs must file a responsive pleading in the case (usually an answer), and then litigate the petition (complaint).
Given the nature of these proceedings, it is unlikely that a court is willing to impose the will of a minority against the entire HOA in amending the CC&Rs, but you must appear in court and fight the matter in order to ensure your rights are protected.
Is a responsive the same thing as an opposition?
Do you know of a good HOA lawyer in Lancaster ca
A response is a "pleading" meaning it is filed at the initial stages of the litigation to state your position. An opposition is part of a motion, meaning if the HOA makes a motion for summary judgment asking that the Court enter judgment in their favor based on the pleadings, you would file an opposition to that motion.
I cannot provide you with a specific referral through this website, but I can provide you with three sites that can assist you in finding an attorney: CalBar.org ; Martindale Hubble ; and AVVO
In the paper work I received it does say "Any written opposition to the Petition must be filed with the Court and served on the Associations counsel. And thank you for those referrals
It would be an answer or a "responsive pleading" (Remember, I am not able to look at your papers so I cannot be precise as to what your documents hold, but there is a time limitation on responding to these documents). If you are able to get counsel on board for this type of matter it will improve your chances of defeating this take-over attempt. In most cases with HOA litigation, the prevailing party is entitled to fees in the event of a dispute over the CC&Rs (check your CC&R dispute resolution section).
OK - thank you William
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