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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3686
Experience:  Experienced real estate lawyer and real estate broker.
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I have owned my condo years - I live in Carlsbad

Customer Question

Hello I have owned my condo for 12 years - I live in Carlsbad CA - I just received a letter from the HOA that I have to remove tile that was installed on my balcony before I purchased the condo from the original owners....they are telling me that I have to have it removed by May 20th - because it was not approved to be put in and now other condo's are getting water damage and erosion for tiles and carpets that were installed and not approved. I offered to hire an inspector to go out and pay to determine that my tile floor was installed properly - they will not allow this and will hire someone to do this if I do not have it done and then will charge me back. Can you please help me or direct me to someone that can give me legal advice? thank you.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 2 years ago.
First of all, the May 20 deadline is completely unreasonable and you should notify them that you are consulting with legal counsel and nothing will happen before then.

Next, you should ask the HOA for documentation or anything in their board minutes related to the installation of the tile before you owned the unit. You need to know what approvals, if any, were given to the prior owner, which would invalidate any complaints from them now.

Finally, you need to review the bylaws of the HOA to see if there is anything in them that would prevent the type of tile that you have. If there is not, and I suspect there is probably not, then the HOA has no right to interfere. If necessary you can sue them to get a declaratory judgment that they have no say regarding your tiles.

Good luck to you. Please rate the answer 4 or 5 and close out the question. I wish you all the best.