Westminster, CA asked in Land Use & Zoning and Landlord - Tenant for California

Q: Q: Can I be Fined by HOA Board in 2019 for Not Obtaining a Bldg. Permit to build a Room Addition approved by HOA in 2013

I added a Utility Room to my Mobile Home completely Un-Attached and Free Standing. I received HOA Board Approval and was NEVER Told in 2013 I also needed a State Building Permit.

1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: It is possible that the construction without obtaining all necessary permits could violate a HOA rule or regulation and could result in their imposition of a fine. You should consult with the City building department regarding issuance of a permit or whatever they would want after the fact. This is not an uncommon occurrence. Unclear if you need a "State" building permit, since these are normally handled by cities. HOA was not obligated to tell you that you needed a building permit, it was your obligation to find out or for your contractor to tell you. Since you said "I added a...." I assume that you did the work yourself, and did not know about needing a building permit.

You have another issue, and that is whether it is proper for the HOA to wait 6 years before taking action. This would also depend on the HOA rules and regulations. They may have waived their rights to complain about any defects. You should speak with an attorney that practices in the area of Construction Law, in Orange County.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.