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  1. #1
    Join Date
    Apr 2011
    Posts
    4

    Default HOA Homeowners Association Statute of Limitations on Code Enforcement

    My question involves real estate located in the State of: California
    My Homeowners association HOA in Southern California is trying to force a friend to remove
    a wood lattice structure about 18 inches high on top of a block patio wall that was installed 14 years ago to prevent coyotes from getting to her small dog. The HOA bylaws prohibit alterations (March 96) to block walls without a permit. At that time she did not get a permit or didnt know how to get one. California has a HOA statute of limitations of 5 years.
    She was told to apply for a variance last year by the new inpector. She applied and was denied since they never give variances.
    Question 1. Can they physically remove the lattice without her permission? Is that theft of property,and breaking and entering a locked patio?
    Question 2. Does the HOA have any legal standing since the SOL expired 9 years ago.
    Question 3. Does the HOA need a court order to remove the lattice?
    Question 4. Should she go to smalls claims court for an injunction or wait for them to do something?
    Question 5. Since the SOL expired 9 years ago isnt the HOAs pursuing this harassment and elder abuse? Isnt she entitled to damages for emotional distress,etc.

    She just received a call from the HOA claiming there were bushes covering the lattice 14 years ago so they couldnt see it. Thats a lie.

    They say she has until April 15 to comply.

    Roky




    Statute of LImitations SOL

    CCP section 336(b) provides a five-year statute of limitations for "[a]n action for violation of a restriction, as defined in Section 784 of the Civil Code." Civil Code section 784, in turn, defines "restriction" as "a limitation on, or provision affecting, the use of real property in a deed, declaration, or other instrument, whether in the form of a covenant, equitable servitude, condition subsequent, negative easement, or other form of restriction."
    Section 336. (Amended by Stats. 1998, Ch. 14, Sec. 3.)
    Cite as: Cal. Civ. Proc. Code 336. Within five yearsa)An action for mesne profits of real property.
    (b)An action for violation of a restriction, as defined in Section 784 of the Civil Code. The period prescribed in this subdivision runs from the time the person seeking to enforce the restriction discovered or, through the exercise of reasonable diligence, should have discovered the violation. ...

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: HOA Homeowners Association Statute of Limitations on Code Enforcement

    Your friend needs to send a letter to the HOA (certified, return reciept requested) detailing that the lattice was installed on x date. Since that time the first notice of removal was recieved on y date. The statute of limitations for action according to CA is 5 years. Cite the reference. "Any further attempt to contact the member for removal of the item will be deemed harassment. Any attempt to remove the item without the owners permission will be deemed a crimiinal act for trespassing, and destruction of property. Any further action to harass, trespass, or destroy the item may result in criminal and civil liabilites."

    (In my experience in dealing with HOA they are mostly bully's. I have sent letters similiar to the one I mentioned and it has been successful in the past.)

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,747

    Default Re: HOA Homeowners Association Statute of Limitations on Code Enforcement

    In terms of the Code of Civil Procedure, Sec. 336, "The period prescribed in this subdivision runs from the time the person seeking to enforce the restriction discovered or, through the exercise of reasonable diligence, should have discovered the violation." The HOA states that it discovered the violation when, and the evidence that they did or should have discovered it sooner is what?

    No, merely asking a homeowner to abide by the rules she agreed to when she purchased property is not 'harassment' or 'elder abuse'.

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