There is not an abundance of information on the web about Condo & HOA Owner rights, or well, I guess I should say “correct and helpful advice”. There is sure a lot of “stuff”, much of it negative, and that is, in my view, not very helpful.
Anyway, this new blog will be geared toward getting owners in condos and HOAs more specific information about more specific problems. I have produced lots of general information in a couple of books including a book published last year called “The Condo Owners Answer Book“, more than 30 educational “Primers”, a free monthly E-Newsletter, and another blogsite which has been available for about 5 years called California Condo and HOA Law Blog.
Now, its time to get down to nuts and bolts. Here are some questions I plan to cover in the coming weeks with some of the “short” answers, but you will have to come back again and again to learn the “finer points” which relate to the “ifs”, “ands”, and “buts”.
Is an Owner in a Condo or HOA “King of their Castle?” Yes, if they exercise their “Kingness” within the rules of the HOA or Condo.
May an Owner do anything they want to or in their unit as long as it’s within the proverbial “4 walls?” No. (Much more on this in the weeks to come.)
May an Owner park as many vehicles as the unit residents need within the complex? No, not always. (More on parking rules, towing, rights, etc., in the weeks to come.)
May an Owner have access to financial and other records of the Association? Yes, to many of the items, no to some. (Much more on this to come.)
May an Owner attend meetings of the HOA or Condo Association? Yes to some, no to others. (More to come.)
May an Owner have a pet in an HOA or Condo development? In most cases in California, yes, but it is important to know when it is not the case, what limits can be placed, and what rules can be enforced.
May any Owner, resident or tenant serve on the Board? It depends … and there will be more on this in the coming months.
May any Owner start a voting campaign on some change he or she wants? There are ways to trigger a vote, but limitations on what an individual owner or group of owners can do.
May an Owner run a business or park their commercial vehicle in their unit/driveway respectively? Maybe not, illustrations will be explored.
May an Owner choose their own landscaping or construct any gazebo or any other outdoor item they crave? It depends on the rules and restrictions, and architectural considerations.
May an Owner be kicked out or evicted from their home? In some cases such as foreclosure, yes, in others such as eviction, it is not likely, especially not in California. But that does not mean that restrictions and restraining orders are out of the question.
This is the place to come for more than you are likely to find anywhere else on the web.
Send questions (but please try to keep them generic enough to help others too – this is not the place to come for legal advice on a particular scenario in a particular association).
And look for answers. I’m here to serve.
If you don’t find it here, there is always the californiacondoguru website, which contains a wealth of free information and affordable publications and resources.