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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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A neighbor is remodelling several rooms and partially the

Customer Question

A neighbor is remodelling several rooms and partially the front of the house without HOA and building dept. approval. How can the HOA take action to control this?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good morning,
I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
While the remodeling of the interior of one's home, located in an HOA, is rarely controlled by the HOA itself, the modification of exterior portions of the home typically are subject to approval under HOA by-laws.
If the owner is doing remodeling in violation of HOA rules, the remedy is typically for the HOA to demand that the renovations cease, that the property be restored to the original condition, and with the possibility of fines being assessed for the violations of the HOA by-laws.
If necessary, the attorney for the HOA can institute a suit against the homeowner and obtain a court order preventing further breaches of the CC&R's by the owner.
If the fines go unpaid, the HOA has the ability to foreclose on the property and remove the owner from the property entirely.
As for the Building Department getting involved, many remodeling chores will require a permit from the local building department. If the HOA believes that the owner is doing work that must be permitted by the building department, then the department should be notified that construction is ongoing and they will investigate the work in progress. If there are any violations, the building department will issue a stop-work order and the owner will be forced to stop and seek the necessary permits for the work they are doing.
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