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Question 1: The HOA trench through my property to run a water…

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Question 1: The HOA trench...
Question 1: The HOA trench through my property to run a water line to other houses with out my permission. I have asked for this to be undone verbally, and in writing with no answer. Do I have to sue them to have the pipe remove, and to be reimbursed court cost? Additionally the CC&R specifically callouts that my lot has non access easement.
Question 2: Can the HOA force me to paid dues that are used on other peoples lots, but not on mine? This involve landscaping, which I have taken care of on my lot.
Question 3: Can the HOA prevent me from attending meetings or seeing the accountant books? I was officially told last night that they will not allow me to attend meetings. Additionally, I have had a request in to audit the books for the last 4 years.
Submitted: 3 years ago.Category: Real Estate Law
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Answered in 2 hours by:
5/29/2015
Real Estate Lawyer: Irwin Law, Lawyer replied 3 years ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,563
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Verified
Good morning, and thanks for choosing JUST ANSWER. The questions that you have raised to the board are stated clearly, and they should be covered by specific sections of the rules and regulations set out in the CC&Rs. After you receive your written answer from the HOA, if you do not agree with it, and you feel that the CC&Rs are being violated, you may bring the matter to court for an interpretation of the facts and the law. The judge will hear the case and make a decision. If you win the case, you may recover court costs, but not attorney fees unless the CC&Rs provides for that. If you receive no written response within about 45 days, that could be considered a denial of your written request and legal action may be commenced at that point. All three points which you raise may brought to court in the same suit.I hope that this information is helpful and that you will enter a positive rating for it.
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Real Estate Lawyer: Irwin Law, Lawyer replied 3 years ago
Hello Again. Do you have any further questions? If not, I hope that you will take the time to enter a positive rating for my Answer so that I will be compensated for assisting you. Thanks again for using JUST ANSWER.
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Category: Real Estate Law
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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).

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