I sue, you sue, we all sue the HOA

You live in a condominium. Your grass is dying, your bushes are unkempt, and the trees are beyond belief. You look over at your three neighbor’s yard, immaculate. These three just happen to be board members of the HOA, so you lawsuit-up and call your attorney to sue them for breach of CC&Rs. Does this seem like a good idea? Civil Code section 1354 allows HOA to recover attorney fees against the homeowner on any action to enforce the CC&Rs. HOAs are wasteful by nature and incur excessive attorney fees at every step which means you could be paying for their attorney, expert witnesses, etc etc if you lose.

So if you are deciding to sue your HOA, you better make sure you’re going to win.

 

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