Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

Our HOA denied my request for a solar sunroom with no

Customer Question
Our HOA denied my...

Our HOA denied my request for a solar sunroom with no written reason. The verbal reason was that I didn’t want it for solar energy purposes, I wanted it solely to add square footage. Not true, as illustrated by our big investments in solar energy systems.

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

California

Lawyer's Assistant: Has any paperwork been filed?

I filed a request

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

The denied in writing, one sentence.

Submitted: 1 month ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 minute by:
1/4/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 8,355
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation. What questions did you have for me regarding this?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
CA has new solar energy laws. The 11-Year-old CC&Rs make no allowance for that. Their written denial stated no reason. The chair of the architectural committee said she hated solar, it was ugly, it wouldn’t exist if she could help it, etc. this installation would be invisible to anyone unless you were in our back uard
Customer reply replied 1 month ago
Ca solar energy laws are in my favor.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about that. As far as the solar energy laws, ini your opinion, how do they apply to your situation? I have not read the new laws so I'm not completely up to date.

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
HOAs can’t deny solar energy requests if state law says otherwise. They can’t refuse capriciously.
Customer reply replied 1 month ago
Look up the Smith-Stirling act
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see what you mean. Based on what I can see, this appears to be a violation of the implied covenant (promise) of good faith and fair dealing because they did not reasonably deny your request. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started.

California Civil Code Sections 714 and 714.1 says that there are limits covenants, conditions, and restrictions to restrict solar installations and requires timely review. Unless your solar panels were unreasonable, they cannot do that. You could potentially sue for violation of the uCC and the Civil Code in your situation. However, this depends on whether you would like to do this.

What other questions did you have for me today?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
These aren’t solar panels, it’s a solar sunroom that would gather and redistribute warmth.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see. The civil code doesn't cover sunrooms. It would likely fall under most other rooms that are converted. For example, if you convert your garage to a place to grow marijuana, then you are converting one room to another. Usually, the HOA cannot involve themselves in those changes. What kinds of significant changes would you make such that it would trouble the HOA?

Ask Your Own Real Estate Law Question
Customer reply replied 1 month ago
A room built to store warmth and/or create insulated space is called a solar energy system here.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

Do you have to make any substantial or material changes to your roof, any shared walls, or the structure of the home?

Ask Your Own Real Estate Law Question
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,436
5,436 Satisfied Customers
Experience: 17 years of legal experience including real estate law.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If you cancel a real estate purchase contract before
If you cancel a real estate purchase contract before settlement, even if you have no contingency can you be sued for additional funds other than the your the money you gave after the contract signing.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
A lawyer was recommended by the real estate agent and hired
a lawyer was recommended by the real estate agent and hired by the sellers. Three days before closing the deal fell apart. a new agent is now involved. He would like a lawyer of his recommendation to … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
Can individual HOA members be liable for HOA common
Can individual HOA members be liable for HOA common property? … read more
Legal Eagle
Legal Eagle
Lawyer
8,355 satisfied customers
Can a licensed attorney receive a portion of the real estate
Can a licensed attorney receive a portion of the real estate commission if he represents his client in the purchase of a home? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Florida Real estate question. If two parties are joint
Florida Real estate question. If two parties are joint owners each having sole survivorship, how is distribution of funds handled at settlement? Is regardless of who has more or less into the home or … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have a question regarding real estate damaged by a
I have a question regarding real estate damaged by a hurricane that the insurance company refuses to pay for repair. It's a water front condo in Florida.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
This is for a lawyer specializing in Consumer /Real Estate
This is for a lawyer specializing in Consumer /Real Estate law. I lost my job due to a disaster (hurricane), that destroyed my workplace. I would like know my rights and options before talking to the … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in Barefoot Resort Residential Association, an HOA.
I live in Barefoot Resort Residential Association, an HOA. The BRRA BOD is willing to consider replacing a wooden fence installed by thr Sponsor 10+ years ago. The sponsor is no longer involved with t… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Can a HOA association be created and then immediately call
Can a HOA association be created and then immediately call itself inactive for 10 years because no dues or minutes have maintained or for any reason at all?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,117 satisfied customers
Florida HOA. Chapter 720. If an architectural committee
Florida HOA. Chapter 720. If an architectural committee disapproves a site plan for an owner, the owner should have the right to appeal to the board. Should there be an appeal period, such as 14 days,… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,558 satisfied customers
HOA association failed to maintain the roof in our
HOA association failed to maintain the roof in our California condo building properly resulting leaks. It took them 3 attemots over 2 weeks to stop the leakage. The HOA repaired and paid for the signi… read more
Damien Bosco
Damien Bosco
3,628 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
HOA Architectural laws for airspace to condo owner as a rule
HOA Architectural laws for airspace to condo owner as a rule to build only 16 feet from a bedroom without this written in declaration only stated verbal years ago. Can the HOA deny the owner a fair an… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
It isn't real estate law actually, it is an HOA question.
It isn't real estate law actually, it is an HOA question. Can you help with that? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I am in Florida and the HOA has an architectural guidelines
I am in Florida and the HOA has an architectural guidelines that said no fruit trees or citrus trees shall be planted, possibly due to pest concern. Can I apply what was said before about getting an e… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x