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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39164
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Our HOA is updating their CC&Rs (the motive is to be in

Customer Question

Our HOA is updating their CC&Rs (the motive is to be in compliance with the new CA law) and they have included a quiet time which is 7pm to 7am Mondays through Saturdays, 3pm to 10am on Sundays. They have also added prohibit using basketball standards, play equipment and other apparatus upon or attached to any portion of the complex. My question for you: is this discriminatory to families?
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: CA
JA: Has any paperwork been filed?
Customer: yes and they are now delivered to members for voting with no opportunity to make changes
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have more but these are my main points
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 month ago.

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Hello,

I am a member of the State Bar of California, the Bar of the U.S. District and Bankruptcy Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), the Bar of the U.S. Tax Court, the California and National Associations of Realtors, and I have comprehensive information about all areas of California law.

Unlawful discrimination requires a non-neutral rule that either treats or impacts a particular group disparately.

The two rules you describe apply to everyone, so they are neutral in character.

The rules also apply identically to residents with and without children. So, there is no disparate treatment.

The rules may impact residents with children disparately, but it's a very close call -- because: (1) adults play basketball; and (2) adults make noise late at night.

Based upon the Fair Housing Act, and your stated facts, the rules would appear to be lawful. Which means that your recourse is to vote against the CC&R amendments -- or petition to recall the HOA board, and replace the directors with persons who are more in alignment with your position on the issues.

If you need more personal attention than can be provided in this public forum, I can arrange to send you an offer of direct correspondence, and we can take the discussion offline into a confidential setting. Please let me know if you're interested.

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Expert:  socrateaser replied 1 month ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

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Expert:  socrateaser replied 1 month ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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