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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Homeowners' association boards could have troubles with the city

Many of California's neighborhoods butt up against public lands. In some cases, the homeowners' association boards have entered into agreements with the cities in which they are located. For a variety of reasons, a board may end up with an issue concerning its agreements with the city.

For instance, an HOA in another state is currently in a dispute with the city in which it is located. Back during the development of the residential community, the HOA and the city made an agreement regarding access to a river near it. The community wanted to make sure that its residents had two entrances and access to the trail to the river, and the city wanted the property in question to remain public.

Over the years, the HOA essentially took over the access property. It put up signs indicating that parking was only for residents and short yellow poles to keep vehicles that did not belong to residents from parking in the lot. Now, the Idaho city wants the lot to be ruled as public property, but the HOA claims that the city has no right to make it a public access point. The final determination could rest with the courts.

That could also be the case for California homeowners' association boards that end up in disputes with cities. An HOA should take any litigation or threat of litigation against it seriously. As a step in the right direction, it may be useful to enlist the aid and guidance of an attorney who understands the needs of HOAs.

Source: ktvb.com, "Eagle squares off with HOA over blocked Greenbelt access", Morgan Boydston, Nov. 29, 2017

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