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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Our HOA is run by a land developer, and they do not follow

Customer Question

Our HOA is run by a land developer, and they do not follow up at all on their obligations to enforce deed restrictions. Our executive rental property is being devalued while it turns away qualified tenants. Our current lease expires the end of this month. Our current tenants are paying for self-inflicted landscaping repair caused by a combination of tenant contract violation and HOA / Mgmt Co abandonment of their obligations around deed restriction enforcement. Add to that their lack of fulfillment on delivering water to my yard as contractually they are bound to do, by changing out our controllers that no one will set / manage / or train our tenants to use. The HOA/Developer simply turns off the water we pay an extra $30 per month for now (was $46/mo until January of 2015). And at this very moment, as I capture here in my request for help, there is no water available for my sprinkler system. Then, for good measure I'll top it all off with a Chinese drywall house / REO to my north, where the chinch bug infestation originates that's consuming my landscaping and sod. Calls to the HOA have netted zero delivered solutions. Mortgage payment due in July and our house vacant due to no fault of my own. What are my legal options? How can I resolve NOW? Any and all answers appreciated!
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Your best option is to hire an HOA attorney to represent you.Your course of action is to sue the HOA (this is the route to suing the developer/management company) for violations of the CC&Rs as well as for the state common interest development statute.The Developer is likely going to be liable for self interest/breach of fiduciary duty to the HOA (be forced to reimburse the HOA for costs incurred by the HOA due to their malfeasance during this period of developer management, including the costs of dealing with your suit).You can pursue this yourself (without an attorney), but unless you have a lot of time to self educate yourself, I wouldn't recommend it. Hiring an attorney is going to be the best way to protect your investment, and also the fastest way to get your resolution.You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).
Customer: replied 1 year ago.
Ok, we already had arrived at that decision. We were looking for more ideas about self-help and how to organize ourselves so when we go to small claims court we get back everything we spent in. Sadly we can't charge an hourly rate for the time we have to take out of our lives to deal with this totally unnecessary process.
Customer: replied 1 year ago.
And we want to get the entire area across both lots repaired at one time so we can get the house rented and stop the bleeding.
Expert:  CalAttorney2 replied 1 year ago.
No, "self help" is not permitted. You are going to have to go through the courts (either hiring an attorney or litigating this yourself).But do check with local HOA or CID (common interest development) attorneys as you are most likely going to be entitled to recover your attorney's fees at the end of the day - and you may be able to find an attorney that is willing to advance the costs of litigation depending on what they find in this matter.

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