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Looking for a definition of "what constitutes an abandoned…

Hi...Looking for a definition...

Hi...Looking for a definition of "what constitutes an abandoned HOA" and if you meet that definition how do you settle disputes between tenents ?

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

Calif.

Lawyer's Assistant: Has any paperwork been filed?

No

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

No... thanks

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Answered in 3 minutes by:
1/23/2018
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,991
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Welcome to JA and thank you for your question. Is the HOA still registered through the Secretary of State as active?
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Customer reply replied 6 months ago
No...
The site is processing your telephone call thank you for your patience. Is there an acting HOA board?
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Customer reply replied 6 months ago
where are we....Initial question not addressed. . ?
You requested a telephone call and that is being processed. In the meantime I asked you if there is still an acting board?
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Customer reply replied 6 months ago
Phone process....denied at this time..
There is no acting board
Abandonment generally occurs when the developer does not follow the proper steps to turn the board over to the owners. Was there ever a transfer to from the developer. The issue is that if the HOA is not viable the owners would want the deed restrictions lifted.
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Customer reply replied 6 months ago
No transfer. ...I have been the owner since 1987. Back in the late 70's there used th o one HOA comprised of 20 units of 3 townhomes each. Prior to 1987 each of the 20 units became their own HOA's without developing new CC&R’S or by laws.
Customer reply replied 6 months ago
Hello ??
My only concern is whether there are deed restrictions on your deed/title to your property. Do you have a copy of your deed or title insurance policy? I want to be certain that you have free and clear title as it doesn’t appear the HOA was never properly implemented for your property
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Hello. It takes me a minute to see type a response. I appreciate your patience.
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In reality with no CC&R’s or functioning HOA you are not part of an HOA and your property is free and clear.
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Hello. Are you still with me?
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Customer reply replied 6 months ago
Understood. Thanaks.....We are without deed and title restrictions on either..... And therefore ?? Meet the terms of Abandonment ?
My current issue .... Our 3 unit "HOA" has a member that has been withholding HOA dues since Nov. 2017 and is refusing to pay their share of common bills ie: water / gardner. Looking for options to settle disputes... Small claims ?? Thanks
that small claims is perfect.
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small claims will be the best avenue.
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Customer reply replied 6 months ago
Part of the dispute is we recently had a exterior fence increased in height (Security Issue) when it came time to start the project, one member objected to the project which had been discussed at 2 prior HOA meetings were no objections were raised.
As this represented we (2 other HOA members) agreed to move forward with the project using the "majority rule" practice. In the 9 years we have all been together we have always been able to agree on projects. Is that a problem ?? given our abandoned HOA status ? Thanks
You don’t have any deed restrictions and your HOA is not only abandoned it was never properly created.
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Where is your property located so I can provide a link for local Attorneys that provide Free consultations that can review the issue and let you know your options?
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,991
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 6 months ago
Sounds like we are of to Small claims court....
So I'm guessing ....demonstrated practice of paying HOA dues (all 3 members) and common sense principals relating to payment of shared expenses etc. constitute an Informal HOA and past practices should be adheared to ?? Anyway that looks like the direction we are moving towards.... Thanks for your help
Our property is located at 5206 west 54 st. Los Angeles CA. 90056 (Upper La Dera Heights)Appreciate any HOA Attorney's that can provide free consultations Thanks !
Irwin Law
Category: Real Estate Law
Satisfied Customers: 10,726
Verified
Phone call session started
Did you still need a link for Free consultation Attorneys in the area?
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Customer reply replied 6 months ago
I need the link please. THANKS

Perfect I will put together some links for you.

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Customer reply replied 6 months ago
Thanks

Free consultation Attorneys http://lawyers.findlaw.com/lawyer/firm/real-estate-law/los-angeles/california

Los Angeles Bar Association Lawyer Referral Service https://www.smartlaw.org/

The law that governs HOA's in CA https://www.davis-stirling.com/

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Customer reply replied 6 months ago
Thanks for your assistance. . !!

You are most welcome.

Let me know how everything works out. The Davis-Stirling Act is a great resource. The link answers just about any question you may have with regard to an HOA. It also provides case law. I think anyone that owns property in an HOA needs to review this amazing resource.

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Customer reply replied 6 months ago
Thanks for the info.....
I'm sure all the questions I have can be addressed. .. I'll let you know how it goes.... Thanks again. ... end.
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