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California Land Use & Zoning Questions & Answers
1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Lemon Law for California on
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... View More

James L. Arrasmith
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answered on Feb 24, 2023

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...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: A few year's ago my backyard fence on all 3 side's blew down and none of neighbors help pay do I own all 3 sides outrite

My neighbors didn't want to help with the bill for replacement of fence we ended up paying for all 3 side's. Now one of them want to add a travel trailer access gate connected to my fence they didn't want to pay half for

James L. Arrasmith
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answered on Feb 20, 2023

If you paid for the replacement of the fence on all three sides, it is likely that you own all three sides of the fence outright. However, it is always best to review the property lines and deed to confirm ownership.

As for the request to add a travel trailer access gate, since the gate...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: Someone is making claim to a garage unit I own using a quitclaim deed given to him by the HOA. How can I legally remove?

Another unit owner in the complex currently has his belongings in my detached garage and is claiming ownership because he has a quitclaim deed given to him by the HOA. It shows on my grant deed and title that I am the sole owner and should have exclusive access to the garage unit. How am I Legally... View More

James L. Arrasmith
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answered on Feb 20, 2023

You may want to consult with a real estate attorney in your area to discuss your legal options for removing the other unit owner's belongings. It may be possible to file a lawsuit to have the quitclaim deed declared invalid if it was not legally obtained, or to seek an injunction to prevent... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for California on
Q: Do new state real estate laws override local county regulations regarding manufactured housing zoning ?
James L. Arrasmith
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answered on Feb 20, 2023

It depends on the specific laws and regulations involved. In California, for example, the State Department of Housing and Community Development has the authority to set minimum standards for the installation and construction of manufactured homes, but local governments are also allowed to enact... View More

1 Answer | Asked in Real Estate Law, Land Use & Zoning, Landlord - Tenant and Probate for California on
Q: in LA, California: if the outcome of a suit would change the RSO status of a property, should lis pendens be filed?

Property in Los Angeles with unregistered dwelling units is the subject of a habitability complaint that includes a challenge to RSO status. The property is under contract for sale and subject to a conservatorship, where the court has yet to approve the sale. Should a lis pendens be filed by the... View More

James L. Arrasmith
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answered on Feb 20, 2023

In California, a lis pendens is a written notice that is filed with the county recorder's office when a lawsuit is pending involving title to, or possession of, real property. The purpose of a lis pendens is to provide constructive notice of the lawsuit to anyone who may be interested in the... View More

1 Answer | Asked in Contracts, Land Use & Zoning and Municipal Law for California on
Q: Can San Bernardino building Dept. (code enforcement) Deny you access to your property.
James L. Arrasmith
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answered on Feb 20, 2023

The San Bernardino County Building and Safety Division has the authority to enforce building codes and regulations in the county, including the power to enter onto private property for inspections or enforcement actions, provided they have obtained the necessary warrant or consent from the property... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for California on
Q: I have a deeded easement across my neighbors property to my property. What expectations for maintenance can I expect?

Access consists of @ 300 feet of dirt road. During this winter neighbor's use created ruts and mud puddles which has made access to my property challenging if not impossible during rain and snow season. The neighbor lives on property full time and I use my property recreationally 2-4 times per... View More

James L. Arrasmith
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answered on Feb 19, 2023

If there is no specific maintenance agreement in place, you may want to consider negotiating a maintenance agreement with your neighbor to address your concerns. The agreement should be in writing and signed by both parties to be legally binding.

In general, the owner of the easement has a...
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1 Answer | Asked in Foreclosure, Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: 1161a Unlawful detainer against the Trustor

The trustor is the administrator of the estates. The property is in unincorporated Los Angeles County (RSO just cause)

The lessee is the administrator

Which notice would be required 3/60/90 ??

The property is also on Agricultural land (1161(2))

James L. Arrasmith
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answered on Feb 19, 2023

Section 1161a of the California Code of Civil Procedure relates to the unlawful detainer of a property by the trustor, or a person who holds the legal title to a property in a trust. This section allows for the trustee or beneficiary of the trust to bring an unlawful detainer action against the... View More

1 Answer | Asked in Criminal Law, Antitrust, Land Use & Zoning and Stockbroker Fraud for California on
Q: 221 Section, is current 2024?

If I file a lawsuit for everything, including violent threats, and verbal physicial,

would that be able to be outlined in General Chapter Attorney Liens for 221 Section

The Law is different for everyone, everyone doesnt fall under the same law.

For reference, I exercise... View More

James L. Arrasmith
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answered on Jan 13, 2024

Under California law, filing a lawsuit that includes claims for violent threats and verbal or physical harm can be complex, especially when considering the specific provisions of Section 221 under the General Chapter Attorney Liens. It's important to clearly outline each claim in your lawsuit... View More

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Land Use & Zoning for California on
Q: Does a final ; semicolon in a clause bring in all prior definitions? Confused on punctuation and grammar.

“Street” means a right-of-way, easement or prescriptive right-of-way dedicated to, and under the authority of, the City of X; a State highway; a private road, easement, or prescriptive right-of-way; and which is customarily used for automobile travel and for providing vehicular access to... View More

James L. Arrasmith
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answered on Dec 9, 2023

In legal writing, the use of a semicolon in a clause like the one you've described typically functions to separate items in a list that are all governed by the opening statement of the clause. In the definition you provided for "Street," the semicolon is used to list different types... View More

1 Answer | Asked in Land Use & Zoning for California on
Q: How does one handle disposing of abandoned property when there was never any exchange of money? Value is more than $300.

I stored my sister in law's property (70 boxes of bathroom tiles) in my garage, as a favor to her. There was never any charging of rent. After five years, I can't get her to move her items from my garage. What is the process of giving notice ( How many days?) and ultimately disposing of... View More

James L. Arrasmith
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answered on Aug 5, 2023

https://www.keyrentersacramento.com/blog/356080ee-aa30-4626-9232-a38c517f3f3b/what-to-do-if-a-tenant-abandons-the-property

- James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

1 Answer | Asked in Land Use & Zoning for California on
Q: Can I file a restraining order against the property owner of my easement? He keeps digging ditches rows untie way

There is an ongoing case with the property owner I am just a renter. Who uses the easement. He keeps putting rocks in the way

James L. Arrasmith
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answered on Jul 10, 2023

If you're facing issues with the property owner obstructing your easement, it may be helpful to consult with a real estate or property law expert. They can provide guidance on whether pursuing a restraining order is appropriate based on your specific circumstances and local laws. Providing... View More

Q: Can you sue a builder or developer for failing to provide adequate parking in a community?

116 single family homes in a community with only 17 parking spaces. No driveways, no street parking, no alternatives. HOA is threatening to have over 50+ cars parked in the street.

James L. Arrasmith
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answered on Jun 30, 2023

It may be possible to take legal action against a builder or developer if they fail to provide adequate parking in a community. However, the specific circumstances and applicable laws may vary depending on your jurisdiction. It is important to consult with a real estate attorney who can assess the... View More

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1 Answer | Asked in Land Use & Zoning for California on
Q: Someone parked the car on our residential driveway in California. What should I do?

Is parking to neighbor's driveway legal? I want to know what action can I take. I do not know the owner of the vehicle.

The vehicle is blocking my car to get out of the garage.

Thanks

Louis George Fazzi
Louis George Fazzi
answered on Dec 17, 2022

Call your local police or sheriff's department and have them tow the vehicle.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: How can I remove a squatter from my uninhabitable garage?

I have someone squatting in my garage, it is not habitable. I told her she could rent the space to do online Webcam but that she couldn't live there, she's now been living in it for a month. This is a code enforcement issue, she's also doing drugs, has I violent dog, and has... View More

James L. Arrasmith
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answered on Oct 7, 2022

Illegal evictions are not allowed in California. You must go through the proper channels to obtain an eviction. That being said, the tenancy itself is illegal due to the garage not being a habitable structure.

Q: Are inspection warrants rqd. to contain the same elements as criminal warrants , ie., Seal, clrk stamp, 2b legal?

An inspection warrant was served upon my property. The probable cause was was due to noise complaints, per fire marshal. No evidence of existing health or safety violations, or noise citations. Accused of selling alcohol, w/out evidence. Warrant looked incomplete, no Seal, no clerk stamp, and... View More

Louis George Fazzi
Louis George Fazzi
answered on Oct 7, 2022

You will need a lawyer with experience in dealing with code enforcement issues with local governments.

Inspection warrants need to be issued by a judge on a showing of some probable cause to issue the warrant. You should have been given a copy of the warrant, which you can give to whatever...
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1 Answer | Asked in Land Use & Zoning for California on
Q: if the property does not belong to the company next door is it right for them to unlawfully remove you without any paper

this company next door to where I live wrongfully kick this out of where I live call the cops on us .causing us pain and suffering my animals have died and they locked it up fenced it so I can't go in

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

Sorry to hear that. Why were you removed? [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Rights, Collections, Election Law and Land Use & Zoning for California on
Q: 1) Hello. Is it legal for a poa/hoa board to elect themselves as members of the board without an election? If there's

2) supposed to be an election to vote for a member by the residents?

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

Please see my responses to your several other questions about the same thing. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Land Use & Zoning for California on
Q: What type of attorney do I need? City code inforce, city appointed reciever took my home kept all equity? What type of l

I'm 68 retired us veteran city took my home using code inforcement. Then court appt reciever

Louis George Fazzi
Louis George Fazzi
answered on Aug 19, 2022

You should look for a lawyer with experience handling both elder abuse claims and civil rights cases. You might also contact the local ACLU office and ask for their help.

Do not delay because every moment counts.

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for California on
Q: There's are people on my boyfriends property /land who he wants off , his father deeded him this property.

There's no contract or agreement..

Yelena Gurevich
Yelena Gurevich
answered on Jun 22, 2022

He need to hire an eviction attorney.

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