Laguna Woods, CA asked in Real Estate Law for California

Q: Hi, i live at the Laguna Woods Village. I had friend visiting from Hawaii bc of Covid he couldn't get back. He stayed

Here and in Newport Beach.

Apparently, the assoc says that he has been living here and i broke rules. They sent me notice of this. So now.. They sent me a NOTICE OF DISCIPLINARY HEARING

Oct 8.

Do i need a lawyer? I am not allowed to attend ot has be the owner my he's 94. I dont know what these people are capable of and I'm really nervous it.

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2 Lawyer Answers
Shawna Murray
Shawna Murray
Answered
  • Irvine, CA
  • Licensed in California

A: Strictly speaking, no, you do not need to have a lawyer with you but having an HOA lawyer with you, especially one that knows the peculiarities of Laguna Woods, would be an excellent idea. You can bet that the Association will have a lawyer present to represent them at your discipline hearing. You should contact a local HOA (Homeowner's Association) today or Monday and see what they say. Best of luck!

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: First, "Estate Planning" refers to your Last Will or a living trust, not a rental you are in, that is Landlord Tenant or Real Estate. This is Important because Justia sends emails to attorneys based on the subject they sign up for and your email is not going to the right attorneys. You want a real estate attorney or as Ms. Murray hopes, an attorney specializing in dealing with an HOA (not in representing an HOA!!!!) You need to find out what local ordinances have been enacted by the city you are in and in OC regarding Covid related occupancy issues, because effectively what the HOA wants is to make your friend homeless. This would be a violation of Civil Code 1942.8. You should present your owner with a permission slip stating the name of your friend and that he cannot return to Hawaii due to Covid and is in risk of homelessness; and have the owner date and sign it. GET AN ATTORNEY.

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