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I live in a 2 year old "planned development" in Southern…

Hello, I live in...

Hello, I live in a 2 year old "planned development" in Southern California city. We have boiler plate CC&Rs and Bylaws. There are 5 homes out of the 11 that have backyards that include a 20 foot landscaped slope put in by the builder. There are 2 V ditches for drainage and a sprinkler system that runs the entire length of the slopes from first house the the last of the 5. The HOA has easements for maintenance of these ditches, sprinklers and slopes. However, the individual homeowner owns the entire slope, within respective lot line, as separate interest property.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

My Question is, I want to forbid landscape companies employed by HOA from entering my portion of the slope due to security concerns and my desire to maintain the vegetation and weeding on the slope myself. The HOA wants me to record a Indemnification agreement with the county and pay the related fee. However, the CCRS and Bylaws already say they can enter the slope area if I fail to keep the sloped maintained. What is my rights to do what I want without HOA permission on my property as long as I keep it maintained ass required by the ARC? California

Lawyer's Assistant: Has any paperwork been filed?

Paperwork, do you mean the indemnification?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so

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Answered in 5 minutes by:
8/11/2017
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,424
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
They have a maintenance easement on your property, even though the property is owned by the homeowner, they have created an easement for the HOA to maintain the land. Even though this is your property, when you buy in an HOA you are bound by all of the covenants, bylaws AND rules implemented by the HOA, which includes rules about appearance of the property as well. So the HOA may dictate the appearance of the property, but if your bylaws and rules do not say otherwise, you have a right to do that property maintenance yourself and there is no legal requirement to indemnify anything based on what you describe above.
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Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 124,424
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
Law Educator, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 9 months ago
if I don't want landscaping employees of HOA on my lot looking into the back of my house, I can't prevent it?
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 116
Verified
Phone call session started
Thank you for your reply.
That is what happens to everyone who lives in an HOA I am afraid. This decision is up to the HOA, because when you bought in the HOA you agreed by buying there to follow all of their rules and bylaws.
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