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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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I live in an adult only community that is governed by

Customer Question

I live in an adult only community that is governed by CC&R's. Our CC&R's require us to maintaind our property to a certin standard. A house next to my property is owned by a Limited Liability Company that purchased said property at a foreclosure sale in 1955.
Said LLC will not maintain their property and as a result, ddbries from deal trees, broken fruit trees, rotten front on the ground, dead pal trees that discharge limbs and bark into my property and pool. Front yard has dead cactus trees, dead evergreen, trash, weeds and on my 5 foot easement and up next to my house a a broken lemon tree, a palm tree growing into my roof and the list go on. What can be done?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am sorry to learn of this situation.

The most direct route is to sue the HOA for failure to enforce the CC&Rs.

You can try sending another demand letter (i.e. if you do not enforce, I will sue), but you have a right to have these rules enforced, this can be done under multiple theories, including breach of contract (the CC&Rs) and the state's HOA/Common Interest Development statute (they are duplicative theories, you only really need one, and you don't need to get extremely detailed - this can be dealt with in small claims court where the rules of pleading are relaxed).

Many HOAs also permit you to sue the neighboring landowner directly (direct enforcement action) - but this depends on the terms of your CC&Rs - and not all homeowners are interested in doing this (again, the first line tactic usually is to address the primary issue - the HOA isn't doing their job).

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