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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
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 a subdivision with voluntary HOA participation.

Customer Question

I live in a subdivision with voluntary HOA participation. There is no covenant. The last couple of years we've been hit hard with repair needs including $7000 for a new HVAC and $6000 for new efficient windows throughout the house to lower our power bill. Now the president of the HOA is threatening us because our siding needs replacing. We fully realize that our siding needs to be replaced, but just don't have the extra money right now. Does the HOA have any recourse? Can they report us to code enforcement with the city (this is what they are stating in the memo they left in our mailbox)?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
HOA enforcement is done under the governing documents - you say that there are no covenants - this doesn't make sense, all HOAs or CIDs (common interest developments) have some form of governing documents, by-laws, articles of incorporation, architectural guidelines, design review documents, etc. - or some combination of these. You will want to search for these documents and determine what the enforcement provisions are (most HOAs can enforce using fines, liens against property, civil suits, and finally foreclosure (this would be the ultimate enforcement)).I understand that participation in your association is voluntary, but the organization must have some standards, so you need to determine what these rules are so you know how to best address them.
Customer: replied 2 years ago.
I've never understood it either. How can they enforce anything if all homes aren't required to join? They only state that the voluntary dues go toward upkeep of the pool and common grounds and annual parties. I will request the governing documents. And if there are none?
Expert:  CalAttorney2 replied 2 years ago.
There will need to be something - if there aren't any documents (nothing recorded against your home) - the HOA will be inert - it cannot do anything to enforce its position, its liens, its assessments, or anything else.But do follow up and see what the documents are.Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you today. I wish you the best of luck with this matter, thank you again, and best regards, Bill.