If the answer is yes to any of these questions, you have found the right website.

The Kayser Law Group is one of a few HOA law firms in California that represents individual homeowners in claims against their association on a contingency basis. Most HOA law firms represent only homeowner associations.

A legal claim against an owner's homeowner association should only be made when it is clear that the board will not remedy a legitimate complaint involving CC&R compliance that is of a serious nature. Examples include failure to maintain common areas leading to water intrusion, mold, major cracks, or earth movement. Our firm generally represents individual homeowners on a contingency basis and usually advances some or all of the out of pocket costs in connection with these claims. Call us to discuss your claim.

The most common claim made by the owners of condominium units against their homeowner associations is that their unit is experiencing water intrusion because the association has failed to maintain the common area. Generally, this involves leaking roofs, decks, planters, walls, and windows, and there is often improper slopes and drainage. When a condominium unit owner makes a claim against the association, it is often because the statute of limitations has run and therefore a claim cannot be made against the developer of the condominium project.

When a condominium unit owner has exhausted his or her patience with the board and files a lawsuit against the association, (not the board), the association will almost always contact its insurance company. Assuming there is coverage, the insurance company will hire a law firm to represent the association and the law firm will hire the appropriate construction experts needed to investigate the situation and provide advice on how to remedy the problem.

As part of the process, the plaintiffs attorney will hire one or more experts to provide advice and repair cost estimates.

After all experts have completed their investigations, have developed a scope of repairs, and cost estimates, a mediation session will be arranged so that the parties can avoid further litigation and settle the matter short of going to court. In 95% of these matters, the dispute is settled in mediation.

Settlements usually, but not always, consist of the following:

• The association agrees to repair the common area in a manner that is acceptable to the experts working for the plaintiffs attorney;
• The association agrees to pay the plaintiff a dollar amount sufficient to make interior repairs and pay for loss of use; and
• The association agrees to pay all of the plaintiffs attorney fees and costs.

Most importantly, depending upon the insurance coverage, the cost of settling the case will be paid in part or completely by the insurance company.

 

Sewer Line Leaks and Breaks

As the average age of common interest developments in Southern California gets older over time, more associations are experiencing sewer line leaks and breaks. These repairs and/or replacements can be very costly because many of the pipes are located under buildings and mature landscaping. To make things worse, many older CC&Rs are unclear as to whether the association or an individual homeowner is responsible for the cost of sewer line repairs or replacements. Obviously when a sewer line leaks or breaks, the responsibility for the repair should not lead to a discussion or dispute. Board members are encouraged to make certain that the responsibility for such repairs is clearly and unambiguously set forth in the association's CCRs long before a break or leak take place.

 

When HOA Operating Rules are Unenforceable

HOA operating rules cannot be enforced when they violate laws, are contrary to the association's CC&Rs, infringe on homeowner rights, are discriminatory, vague, or arbitrary. They must also be adopted according to California law. These so-called operating rules may conflict with federal , state, or local laws, violate fair housing acts, or infringe on rights such as the freedom to assemble, the freedom of speech, religious freedom, or the right to bear arms. Rules may also be unenforceable if they are selectively or inconsistently applied.

A few examples of unenforceable rules are: (1) unreasonable restrictions on political signs, (2) unreasonable restrictions on the installation of solar panels, (3) unreasonable restrictions on the installation of EV charging stations, (4) certain bans on pets, and (5) unreasonable restrictions on the use of water-saving plants and the installation of artificial turf.