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Our unincorporated HOA has a dispute that needs to be

resolved and we will rely...
Our unincorporated HOA has a dispute that needs to be resolved and we will rely upon the Statutory Dispute Resolution Procedure (Civil Code Seciton 5915) to offer an opportunity for the violator to resolve the dispute. How much time must our HOA provide to the violator to respond to a Request for Resolution notice?
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Answered in 12 hours by:
3/23/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,375
Experience: B.A.; M.B.A.; J.D.
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Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Your Question:

Our unincorporated HOA has a dispute that needs to be resolved and we will rely upon the Statutory Dispute Resolution Procedure (Civil Code Seciton 5915) to offer an opportunity for the violator to resolve the dispute. How much time must our HOA provide to the violator to respond to a Request for Resolution notice?

Response: At least 30 days. See Civil Code Section 5935.

Goodluck with your case,

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Customer reply replied 1 month ago
Thank you so very much for your response. I presumed that was the answer, but the "Condominium Blue Book (2018) did not make the time constraints clear enough.I have a follow-up question: Situation: Two homes in the development have radio antenna installed on their property in clear violation of the CC&R. Reference – Section 2.16 states in part ”…no external radio antenna…including ham radio antenna shall be installed on any lot.”
Home #1 installed the antenna circa 1997, without advance approval. The property is located on the extreme eastern boundary and has no neighbors behind, but a neighbor on each side with very limited visibility. The antennae are clearly visible from homes opposite this home. The design is minimal and have been in place without a complaint by an association resident or AC member.
Home #2 very recently installed a much more sophisticated antenna that is very visible to neighbors in any direction and is generally offensive. Advance approval was not requested prior to installation. Very shortly after installation a complaint was registered with the AC. Two representatives have been charged with verbally addressing this subject with the homeowner/ham radio operator and requesting placement of an attic antenna or removal of the offending antenna.Question: One AC member believes that a waiver may be granted to Home #1 (location, design of antennae, and lack of complaints) due to the significantly different locations of the properties and the design of the antenna. Can such a position be successfully defended based on Selective Enforcement?

Thank you for the information.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

Kindly note that I am working with multiple customers on the site and I respond to posts in order that they are received. If you have not heard from me it does not mean that I have ignored your post. It just means that I am currently working with another customer.

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Question: One AC member believes that a waiver may be granted to Home #1 (location, design of antennae, and lack of complaints) due to the significantly different locations of the properties and the design of the antenna. Can such a position be successfully defended based on Selective Enforcement?

Response: No. It does not matter that one is visible and the other is not visible or that one has received a complaint and the other has not. The thing common to both is that each was installed without approval of the Association and thus must be dealt with equally. If a waiver is going to be granted to Home #1, then the Association cannot in good faith impose fine on Home #2 for violation of the same provision of the CC&R.

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site. Thank you for your cooperation.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,375
Experience: B.A.; M.B.A.; J.D.
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Phillips Esq.
Phillips Esq.
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Category: Legal
Satisfied Customers: 21,375
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Experience: B.A.; M.B.A.; J.D.

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