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CalAttorney2
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 recently purchased and moved into a home in a neighborhood

Customer Question

Hello: I recently purchased and moved into a home in a neighborhood with an HOA and CCRs. The neighborhood is a conglomeration of custom homes of different styles, colors, etc. I was aware that I had to get approval for modifications to my home, specifically, fences, gates, patios, etc, however, I did not realize this also included my roof since to me it is a basic necessity of my home. My inspector advised the roof was in bad need of repair. I subsequently discovered the roof had been leaking and was causing a mold issue in the home (which has been remediated.) As soon as I closed escrow, I contracted to have the roof replaced. I just received a notice that I am in violation of my CCR by not submitting my plans to the committee and getting them approved. They could decide to not approve my roofing project and could impose disciplinary action up to the removal of my room. I acted in good faith in replacing a safety feature of my home - the tile I chose is consistant with other homes in the neighborhood. I had to act quickly and could not wait 45 days for a committee of my peers (not experts) to approve my roofing project. I recognize I violated the CCRs but in my opinion it was a health and safety issue that needed to be addressed immediately. What are my rights?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.

You are in violation of the CC&Rs. And while I agree that based on all of the circumstances, you likely can minimize your liability here (and hopefully can keep the roof that you installed - if it fits the architectural guidelines for the CC&Rs you should be able to), you are probably going to need to go through the informal dispute/mediation process to get this matter resolved.

(Davis Stirling - CA's HOA Statute - permits homeowners to demand informal dispute resolution, see: http://www.davis-stirling.com/InternalDisputeResolution/tabid/1239/Default.aspx).

If informal dispute does not work, you can try mediation. Contact your local bar association and ask for referrals to HOA mediators, often a third party neutral can help you break through an impasse and reach a reasonable, mutually agreeable, resolution.