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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Avoid community clashes

Upholding community standards in your homeowner’s association (HOA) is sometimes a thankless job. Your choice to take on the responsibility of an HOA board member position helps the community function at large, but clashing values and difficult personalities can take hold of the association and make it difficult to administrate the affairs of the property.

Precarious Situations

HOA boards often encounter precarious situations when members’Private inclinations turn into public expressions that not everyone appreciates. The most visible issues of this type are controversial architectural choices that residents demand that the board censure. This is why well-written and clear community rules are so important for an HOA.

Close Quarters

Hidden Harbour Estates vs. Norman is a classic and often-quoted case dealing with differences of opinion and conflict in HOAs. The essential take away of this case is that, due to living so closely together, the needs and wishes of the majority come out ahead of the individual’s need for expression or convenience.

Allowed Outside

Despite many opinions to the contrary, HOA members have a right to have the following architecturally-modifying elements as long as they follow their board’s rules.

  • Satellite dishes (per FCC Rule 207) Boards can stipulate placement and screening
  • Solar panels allowed,(California Civil Code 714) with board regulation regarding scope and placement
  • Members can display United States flags in their own outdoor spaces, but other flags, signs and banners that display obscenities, are a nuisance or violate a federal or state law are not permitted

A board can exercise quite a bit of authority with inclusive association guidelines that conform to state and federal laws. The rules may not satisfy everyone, but they are the bedrock of consistency and order for a HOA.

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