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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Can homeowners' association boards prevent home sales?

When it comes time to sell a home in a California residential community, a seller may have quite a journey ahead. Preparing the home for sale and finding a buyer may seem like the most challenging part of the process, but one task may prove more problematic. Homeowners' association boards may prevent a sale if they fail to provide the seller with certification.

For instance, a man in another state is attempting to sell his home. He recently put a new roof on the home, and his HOA is telling him it needs to be replaced. Why? Because they say the color is not allowed. The seller has already gone back and forth with the HOA regarding the issue.

In fact, he even requested the board approve a list of colors it would accept, and he claims that one of them was the color of his new roof. Despite this, the board insists the roof does not conform with community standards and must be replaced before it will provide him with the necessary certificate of resale needed to sell his home in Texas, where this dispute is occurring. The question is whether the board is overstepping and violating current law.

California residents undergoing similar difficulties with their homeowners' association boards may be asking the same question. In order to find the answer, it may be beneficial to consult with an attorney with experience in HOA matters. If it turns out that the board may be violating current law and overstepping, legal remedies may be available.  

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