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Who governs Home owner association laws? Who can we

Customer Question
Who governs Home owner...

Who governs Home owner association laws?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

Who can we complaint about HOA leagality and unfair demands

Lawyer's Assistant: Where is the property located?

Hercules ca 94547

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

I want to start on this please

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
3/19/2018
Real Estate Lawyer: socrateaser, Lawyer replied 3 months ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,056
Experience: Attorney and Real Estate broker -- Retired
Verified

Hello,

Is your HOA under control of the original developer, or under control of the members/property owners?

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Customer reply replied 3 months ago
Is under a company called miramonte
Real Estate Lawyer: socrateaser, Lawyer replied 3 months ago

Miramonte is a property management (PM) company. The PM does not control an HOA. The PM carries out the day to day management of the HOA so that the HOA board of directors do not have to do that work (e.g., collection and accounting of member fees, routine repairs, complaints, etc.).

Based on the fact that a property manager is involved, I will assume that the original developer is no longer involved, and that the HOA has taken control. After the HOA takes control, government regulation of the HOA ceases. Homeowner members have the right to use two separate enforcement procedures to resolve complaints with the HOA: Informal Dispute Resolution (IDR); and Alternative Dispute Resolution (ADR). If neither of these procedures are successful, then a complaining member can file a civil action (lawsuit) in Superior Court.

Under California Civil Code § 5310, the HOA is required to provide each member at least once per year with a policy statement concerning the members' rights to use IDR/ADR for dispute resolution. If you do not have a copy of the policy, then contact Miramonte and request a copy. If Miramonte fails to provide you with a copy of the policy, then you'll have to contact a lawyer and start aggressively enforcing your civil rights.

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