I am retired and with insufficient resources to protect my rights afforded me by the common interest devlopment of whch I am a memeber. The HOA has violated numerous sections of the civil code and in most cases this is costly to me as an owner. Since ...

Submitted by John Ruberto on

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I am retired, reside in Loomis, CA and with insufficient resources to protect my rights afforded me by the common interest devlopment of whch I am a memeber. The HOA has violated numerous sections of the civil code and in most cases this is costly to me as an owner. Since the Davis-Sterling Act only offers civil remedies to me I am unable to counter the full force of the Association Board as it uses the much, much larger resources of the Association to block or thwart any such action. I can not afford $400 per hour legal fees to counter this and protect my rights. Are you able to assist me or do you have any other course of action to recommned? Thank you, John Ruberto

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DakotaLegal's picture

 

Submitted by DakotaLegal on

 
Of course, much of how you are able to challenge the HOA will have to do with what specific civil code wrongs they are committing. At this point, we could consider either your “status” (as perhaps giving you some special rights) or to go more piecemeal with your complaints. But, while it’s excellent that you have considered using California’s HOA rights act, I don’t quite share your concern that Davis-Sterling isn’t much use at all. As we’ll discuss, the Act has many important rights. Here’s a link to summarize those rules… http://www.hoalawblog.com/davisstirling_act/1369590/.
 
First, however, there are options you should consider, based on things that can benefit you and not cost very much (except for your time). For example, how many people in your HOA share your views or are open to listening to your concerns…as neighbors, friends, or voting members of the HOA? They may well represent a common legal interest and a common cause for you, and maybe even a joint lawsuit. You’ll need to chronicle, through photos, a journal, and perhaps expert evidence (regarding costs of repairs or of lost valuation, for example) exactly how you have been damaged by the HOA. This fact gathering can be crucial, since so many HOAs have a provision for mediation…which may be your most affordable option. At any rate, California code requires the HOA to try, in good faith, to settle your complaint. http://www.mediationconflictresolution.com/wp-content/uploads/2011/07/homeowner-association-disputes.pdf.
 
Based on your income, you may also be eligible for low cost representation. Based on your being in Loomis, California, there are several legal clinic options in the Sacramento area. http://lawhelpca.org/find-legal-help.You may also try getting help from Pro Bono attorneys, many of whom do earn $300 an hour, but donate time to community causes: http://www.centralcallegal.org/index.php/contact-us.
 
Second, you have definite rights to gaining information from your HOA. Your concerns about how the HOA may be using its legal arm to harass or intimidate may be valid. You also have certain rights under Davis-Sterling to inspect the HOA books and accounts and look into these possible acts of harassment.
 
I.                    Special Rights Or Protections You May Have
 
You indicated the real imbalance between the HOA’s legal power and your own. You indicated you are retired, which many times runs alongside having special rights, from disabilities to eligibility for fixed income legal programs. If you have any disability or impairment that makes your ability to meet the HOA rules more difficult, you might have special rights: http://www.disabilityrightsca.org/about/psa.htm...or the Americans with Disabilities Act / Fair Housing http://www.justice.gov/usao/txe/Divisions/civil/civil.html. .
 
One common issue of HOAs are the restrictive covenants, and how they may be enforced unfairly, or inconsistently. You can raise this as a legal issue without hiring a lawyer: http://www.dfeh.ca.gov/Complaints_RestrictiveCovenants.htm.
 
II.                 Specific Complaints
 
Many times, one HOA member’s concerns follow other legal interests from government agencies. Specifically, the civil code violations you are worried about may be of concern to the city, county, or State of California.
 
The California Attorney General notes that it has some authority to monitor HOAs, but that it’s a limited authority to monitor Davis-Sterling HOA rules (as you’ve noted). Still, there are sixteen separate rules enforced by the AG under corporate rules of conduct, and they may help you: http://oag.ca.gov/consumers/general/homeowner_assn.
 
The State of California’s Department of Employment and Housing can be contacted about your concerns, and may issue you a “Right To Sue” letter. This agency is California’s leading civil rights group, and protects a wider range of housing rights than does the California AG. http://www.dfeh.ca.gov/Complaints.htm. The following case involved a claim of the HOA’s interfering with a homeowner’s right to have some business conducted at home. http://caselaw.findlaw.com/ca-court-of-appeal/1427141.html .

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DakotaLegal's picture

 

Submitted by DakotaLegal on

 
Of course, much of how you are able to challenge the HOA will have to do with what specific civil code wrongs they are committing. At this point, we could consider either your “status” (as perhaps giving you some special rights) or to go more piecemeal with your complaints. But, while it’s excellent that you have considered using California’s HOA rights act, I don’t quite share your concern that Davis-Sterling isn’t much use at all. As we’ll discuss, the Act has many important rights. Here’s a link to summarize those rules… http://www.hoalawblog.com/davisstirling_act/1369590/.
 
First, however, there are options you should consider, based on things that can benefit you and not cost very much (except for your time). For example, how many people in your HOA share your views or are open to listening to your concerns…as neighbors, friends, or voting members of the HOA? They may well represent a common legal interest and a common cause for you, and maybe even a joint lawsuit. You’ll need to chronicle, through photos, a journal, and perhaps expert evidence (regarding costs of repairs or of lost valuation, for example) exactly how you have been damaged by the HOA. This fact gathering can be crucial, since so many HOAs have a provision for mediation…which may be your most affordable option. At any rate, California code requires the HOA to try, in good faith, to settle your complaint. http://www.mediationconflictresolution.com/wp-content/uploads/2011/07/homeowner-association-disputes.pdf.
 
Based on your income, you may also be eligible for low cost representation. Based on your being in Loomis, California, there are several legal clinic options in the Sacramento area. http://lawhelpca.org/find-legal-help.You may also try getting help from Pro Bono attorneys, many of whom do earn $300 an hour, but donate time to community causes: http://www.centralcallegal.org/index.php/contact-us.
 
Second, you have definite rights to gaining information from your HOA. Your concerns about how the HOA may be using its legal arm to harass or intimidate may be valid. You also have certain rights under Davis-Sterling to inspect the HOA books and accounts and look into these possible acts of harassment.
 
I.                    Special Rights Or Protections You May Have
 
You indicated the real imbalance between the HOA’s legal power and your own. You indicated you are retired, which many times runs alongside having special rights, from disabilities to eligibility for fixed income legal programs. If you have any disability or impairment that makes your ability to meet the HOA rules more difficult, you might have special rights: http://www.disabilityrightsca.org/about/psa.htm...or the Americans with Disabilities Act / Fair Housing http://www.justice.gov/usao/txe/Divisions/civil/civil.html. .
 
One common issue of HOAs are the restrictive covenants, and how they may be enforced unfairly, or inconsistently. You can raise this as a legal issue without hiring a lawyer: http://www.dfeh.ca.gov/Complaints_RestrictiveCovenants.htm.
 
II.                 Specific Complaints
 
Many times, one HOA member’s concerns follow other legal interests from government agencies. Specifically, the civil code violations you are worried about may be of concern to the city, county, or State of California.
 
The California Attorney General notes that it has some authority to monitor HOAs, but that it’s a limited authority to monitor Davis-Sterling HOA rules (as you’ve noted). Still, there are sixteen separate rules enforced by the AG under corporate rules of conduct, and they may help you: http://oag.ca.gov/consumers/general/homeowner_assn.
 
The State of California’s Department of Employment and Housing can be contacted about your concerns, and may issue you a “Right To Sue” letter. This agency is California’s leading civil rights group, and protects a wider range of housing rights than does the California AG. http://www.dfeh.ca.gov/Complaints.htm. The following case involved a claim of the HOA’s interfering with a homeowner’s right to have some business conducted at home. http://caselaw.findlaw.com/ca-court-of-appeal/1427141.html .