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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Rights of homeowners' association members during development

The process of moving into a new area can be exciting and intimidating at the same time. Many individuals in California and elsewhere may feel as though becoming homeowners' association members will have its inherent perks. However, if a community is still under development, any control that a homeowner may have could be limited, and understanding the process might impact a person's decisions on buying a home in the area.

According to reports, concerns have been raised in two separate neighborhoods in another state, both of which are under development by the same company. An investigation into the claims allegedly led homeowners to discover that the rights of control over the homeowners' association remained with the builder throughout development, regardless of how long the process takes. In both situations, the communities have been in this stage for up to 11 years.

This prolonged stage of development has severely limited the rights of the homeowners, who have expressed increasing concerns for the safety of the communities. Meanwhile, the homeowners in these areas are still obligated to pay membership dues, which have continued to increase over time. When faced with a similar situation, one may feel as though his or her complaints are being overlooked or ignored, which can be stressful and daunting.

When homeowners feels as though their rights have been violated, they may wish to pursue restitution, but the process can be complex. Homeowners' association members who face a similar situation may choose to consult an attorney for advice on how best to approach the situation. An attorney can evaluate the situation, along with the agreement, and assist a client in California in pursuing the most favorable outcome possible through the necessary outlets.

Source:, "HOA law loophole leaves some homeowners powerless", Brian Collister, Oct. 30, 2017

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