HOA Claims Ownership of Patio to Force Removal of Lattice

[Roky]

My question involves a homeowner's association in the state of:California

This is about lattice installed on a patio block wall by a friend and also my patio,related to previous post below. (2 separate but related cases)
Her lattice was installed 14 years ago by her. Mine was installed by previous owner 10 years ago.

The friend was told to request a variance from the board which she did and they of course denied.
The friend has now gotten a letter from the HOA stating:

"This correspondence shall serve as notice to you the lattice will be removed from the patio block wall at, on, in accordance with the Boards determination.
As previously reported, the Board via resolution, denied your request to retain the white vinyl lattice on the patio block wall and required the subject lattice be removed by the Mutual at the Mutual’s expense.
Please make arrangements to ensure your dog is not in the open area owned by the corporation in order that the work can be performed at no risk to all concerned."


So having been informed of the statute of limitations of 5 years in Calif. the HOA is now claiming ownership of the Patio.

Question: Who owns the Patio?
The homeowners here routinely install PATIO COVERS (roofs) that attach to the Patio Walls and routinely BUILD IN their patios into Fully enclosed rooms. (This of course requires a permit which is ALWAYS as far as I know granted). My patio has a cover that is attached to the block wall.

Second Question: Does the fact that I purchased my manor with the lattice already on the block wall mean it is grandfathered in because the building was inspected at time of sale and no objection was raised then by the HOA.

Third Question: Doesnt laches (delay by HOA) apply? And the statute of limitations?

Fourth Question: Can the HOA forcibly remove the lattice without a court order?

Thanks.

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. ...

[antrc170]

What does the deed say about the patio?

Send a letter to the HOA stating that any attempts to remove the lattice will be considered infringement upon your private property and that you will seek legal action to rememdy the situation.

It has gotten to the point where you need to hire a local attorney to handle the situation.