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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

April 2016 Archives

Properly Conduct a Disciplinary Hearing

Parking violations. Architectural violations. Nuisance violations. These are just a few examples of the many violations that homeowners associations deal with on a regular basis. We frequently see associations simply fine the homeowner without a notice and hearing. Most of the time, people pay it and move on, but sometimes, the fine is challenged. Without giving the violating homeowner due process, the disciplinary measure is invalid.

A Duty to Disclose Construction Defects to Prospective Buyers?

In a case from 1996, Kovich v. Paseo Del Mar Homeowners' Assn., 41 Cal.App.4th 863; 48 Cal.Rptr. 2d 758, a homeowner bought a townhouse, but soon after moving in, he discovered cracked walls and slabs. The association was engaged in a construction defect case against the developer during that time, but never provided a disclosure of it in the escrow packet. The homeowner was upset at the discovery of these defects after moving in and naturally decided to sue the association, even though the association was not a party to the transaction. The homeowner's position was that the association knew about the construction defects and had a duty to disclose such information.

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