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
of these ditches, sprinklers and slopes. However, the individual homeowner
owns the entire slope, within respective lot line, as separate interest property.
JA: Because real estate
law varies from place to place, can you tell me what state this is in?
Customer: 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
JA: Has any paperwork been filed?
Customer: Paperwork, do you mean the indemnification?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Don't think so