Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

Our Homeowners association has filed a petition for order reducing

percentage of votes necessary to...
Our Homeowners association has filed a petition for order reducing percentage of votes necessary to amend declaration of common interest development (the petition) and declaration in support thereof etc They did not the the 75% of the communities yes votes to replace or CC&R's. I need to know what I need to do to file an opposition. Can you help or direct me to an HOA lawyer or HOW parilegal in the Antelope Valley. There is a reason this did not get the votes. Several of the 72 homeowners do not like the new CC&R's that they want to pass.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 8 minutes by:
8/24/2013
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Verified

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I am sorry to hear these individuals are trying to bully their way into forcing these CC&Rs on your community.

William B. Esq. :

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?

Customer:

The petition was filed by the Homeowners Association INC

William B. Esq. :

Okay, and is there a defendant?

Customer:

The Homeowners Association filed the case against all members of the Homeowners Association and DOES 1 through 50, Inclusive

Customer:

No the petition has a petitioner and a respondents

Customer:

Petitioner vs Respondents

William B. Esq. :

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).

William B. Esq. :

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.

Customer:

Is a responsive the same thing as an opposition?

Customer:

Do you know of a good HOA lawyer in Lancaster ca

William B. Esq. :

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.

William B. Esq. :

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

Customer:

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

William B. Esq. :

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).

Customer:

OK - thank you William

William B. Esq. :

You are welcome. Thank you for using our service, please let me know if I can be of any further assistance today.

CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
Verified
CalAttorney2 and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

10,826 satisfied customers

16 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,657 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,367 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,899 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can the treasury of our homeowners association invest some
Can the treasury of our homeowners association invest some of the money that the association has in CD'S or any other type of investment? … read more
socrateaser
socrateaser
1,031 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can a Florida HOA restrict a homeowner to having only one
Can a Florida HOA restrict a homeowner to having only one type of grass in their yard ? ( St' Augustine) Hillsborough County 33559 … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
2,978 satisfied customers
Rock Island Homeowners Association says I must clean my
Rock Island Homeowners Association says I must clean my cedar porch wood … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,853 satisfied customers
We have a homeowners association in our agricultural
We have a homeowners association in our agricultural subdivision, what would happen if I were to send a letter to them stating I am no longer a member of the association? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
10,826 satisfied customers
What right do I have against a homeowners association. I
what right do I have against a homeowners association. I trying to control water issues on my property from my 2 neighbor and their fighting me. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Homeowner association of 16 units. What would be quorum.
Homeowner association of 16 units. What would be quorum … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
An officer of our HOA revealed to other homeowners that I
An officer of our HOA revealed to other homeowners that I still owed an assessment fee at the neighborhood pool. Is this legal for them to discuss with homeowners that are not board members?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
A supposed homeowners association and the new builders that
A supposed homeowners association and the new builders that bought 5 lots went into an agreement to maintain a private road. Since they own the road the Parrish won't help and soon garbage mail or any… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
What is the liability to a homeowners association for
What is the liability to a homeowners association for property that was dedicated to them? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,657 satisfied customers
My HOA was turned over to the homeowners by the developer
My HOA was turned over to the homeowners by the developer Mid May 2017. Elections were held and a majority of the board seats were filled by the representatives of the developer. The developer has sev… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am a homeowner of a condo in texas, can an hoa association
I am a homeowner of a condo in texas, can an hoa association stop the sale of unit over hoa dues owed, I have under contract now a cash sales fast close, they are trying to forclose, but I have a buye… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Do homeowner associations have the legal authority to borrow
Do homeowner associations have the legal authority to borrow money from a lender to pay for improvements to common areas within the development they're associated with. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,871 satisfied customers
I am a member of a homeowners association and my question
I am a member of a homeowners association and my question relates to restrictive covenants. The association articles of incorporation have been established and in place for decades. We now would like … read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers
Our Homeowners Association (HOA), Rancho Viejo South (RVS)
Our Homeowners Association (HOA), Rancho Viejo South (RVS) in Santa Fe, NM, was formed under the Nonprofit Corporation Act of New Mexico around 2003. We have just under 600 homes in our HOA with a bud… read more
Ray
Ray
Lawyer
Doctoral Degree
7,367 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x