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What Homeowners' Associations May Regulate

Orange County, CA Real Estate Lawyer Explains Your Rights

Homeowner association (HOA) disputes in Southern California often involve regulations imposed by the association on individual property owners. But it isn't always clear what an HOA can or cannot regulate.

And in certain circumstances, an HOA might overstep its authority or fail to enforce existing regulations designed to protect the rights of property owners. In either case, a legal dispute can quickly develop between an HOA and individual property owners.

If you believe your HOA has not acted in a legal or ethical manner, it's important to talk to a real estate attorney as soon as possible. In Orange County, the Law Offices of Daniel C. Carlton can work with you and develop a strategy that suits your specific circumstances.

What's Regulated

Homeowners' associations can legally regulate many things associated with a property occupied by several different owners. Some of the most common issues regulated by HOAs include:

  • Noise
  • Mailboxes
  • Whether to allow pets
  • Number of guests and length of stay
  • Whether to perform certain activities (including washing your car)
  • Whether to allow tenants to operate a business out of their property
  • Whether to allow temporary rentals (such as Airbnb rentals)
  • Exterior appearance of building or buildings
  • Landscaping on property
  • Whether to allow recreational structures (swing sets, basketball hoops, etc.)
  • When and where to display a U.S. flag
  • Whether to allow additional structures (sheds, garages, etc.)

Issues that cannot be regulated by homeowners' associations include:

  • Anything that violates the Fair Housing Act
  • Imposing housing restrictions to prevent families from living in facility
  • Imposing age restrictions if the facility is not an age-qualified association
  • Prohibiting people on the basis of race, gender or another protected status

Don't underestimate the complexity of your homeowners' association dispute. Make sure you talk to an attorney as soon as possible to fully understand all your legal rights.

How We Can Help

Accusations of violating homeowners' association rules and regulations can have serious consequences. You could be fined hundreds or thousands of dollars. You might be required to go to court to resolve your dispute. Ultimately, you could even be evicted from your property in certain extreme circumstances.

Before your dispute gets out of hand, contact Orange County real estate attorney Daniel C. Carlton. He can walk you through all your available legal options, then work with you to resolve your HOA dispute in an efficient, productive manner.

In most cases, you will continue to live in the same place governed by the HOA. Attorney Carlton understands the sensitive nature of this situation. That's why he strives to resolve such disputes in a fair, equitable manner. Count on us to represent your best interests with dignity and respect. Schedule an appointment at our Costa Mesa, CA law firm today.

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