#BREAKING HOA COVENANTS CODE#

If your tenant breaks a covenant, you should write a notice of intention with all the relevant content. If you cannot agree, then hire an experienced HOA lawyer immediately. Covenants can either be explicitly in the contract or implied through law. I recommend you meet with your neighbor and see if things can be worked out before any lawsuit is filed. These cases can become very expensive very quickly. HOAs can have broad authority such as: no pets allowed outside, only certain paint colors allowed, no recreational vehicles parked in driveways, garage doors. There is no protected right to a view or light in California unless it is created by private agreement or equitable servitudes (which is what the CC&Rs are considered). The HOA’s decision would be a complete defense to the action against in and you only if the applicable restriction and/or rule was properly applied and is reasonable in light of the interests of the entire community. If you provide the board with evidence of the other violations, you might have some luck in getting the HOA to enforce the rules against others as well, but that won't give you a free pass. I have handled several of these cases and what generally happens when a person's view is impeded and he/she has the resources to file and fund a lawsuit, is that he/she will sue the owner impeding the view (for violating the CC&Rs) and the association for failing to properly apply the CC&Rs. If you are actually violating the HOA rules, you cannot get excused by showing that other people also violated rules. Many state laws also prohibit HOAs from imposing fines or restrictions on homeowners, including displaying political signs, state flags, or military branch flags.

#BREAKING HOA COVENANTS CODE#

Civil Code Section 5975 provides that an owner in an HOA can sue another owner and/or the HOA in a dispute arising from the CC&Rs (called 'declaration' in the statute). An HOA cannot generally fine a homeowner for or prohibit: Displaying the American flag.

Breaking hoa covenants