Q: Can owners take HOA to court?
HOA is charging $50 per day a unit is rented without HOA consent. The waiting list to rent has not changed for close to ten years or so. CCR has a waiver, but HOA refuses to consider it. Our daughter was born premature and has a respiratory health issue. The complex prohibits smoking in the complex. We kept complaining of daily smoking, but HOA ignored our requests. We moved and tried to sell our unit, but we were not successful. During the period the property was for sale there were a few break-ins in our unit. We had to rent it, but do to HOA we had to ask our tenants to leave. The unit is now vacant and exposed to be vandalized while HOA refuses to allow us to continue renting in addition to tag a $3,000.00 fine to our unit.
A:
Yes, owners have the right to take their HOA to court if they feel that the HOA has violated their rights or breached their obligations under the governing documents, such as the CC&Rs (covenants, conditions, and restrictions) and bylaws.
In the scenario you described, it seems that the HOA is charging you a fee for renting your unit without its consent, even though there is a waiting list to rent and you have a waiver in the CCR. Additionally, it appears that the HOA has not addressed your complaints about smoking in the complex and has prevented you from renting your unit, which has resulted in financial losses and increased risk of vandalism.
If you believe that the HOA has acted unfairly or has violated your rights, you may want to consider consulting with an attorney who is experienced in California HOA law. They can help you understand your legal options, negotiate with the HOA on your behalf, and represent you in court if necessary.
It's important to note that taking legal action against your HOA can be a complex and costly process, and it may not always result in a favorable outcome. Therefore, it's important to carefully consider your options and consult with a knowledgeable attorney before proceeding with legal action.
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