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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Homeowners' association members side with the board

California residents often find themselves at odds with those who run their neighborhoods. However, in some instances, homeowners' association members and their boards end up banding together in order to achieve a common goal. This could be in a disagreement with a city, a county, the state or a prospective homeowner.

An HOA and its members in another state have banded together in an attempt to stop an individual from constructing a home that they say is an eyesore. They also claim that it violates the communities standards regarding homes. The owner says that his construction is within the rules.

The HOA attempted to go to local government officials in San Antonio, Texas where the dispute is unfolding. The city said it can do nothing since the building is up to code. It is unclear what the board and neighbors will do next since they are concerned that the new structure will have an adverse effect on property values in the community. Apparently, all buildings are supposed to be at least 50 percent brick. One neighbor indicated that all homes are supposed to have a certain foundation and structure as well, with which the new building does not appear to comply.

These types of situations can crop up anywhere in the country, including here in California. Homeowners' association members may find that their community's rules are on their side, but that does not mean that they will easily prevail. It may take the combined efforts of the members and the board to make any headway, but first, it may be worthwhile to make sure that they are on solid legal ground before proceeding.

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