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.
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. ...