In Cape Concord Homeowners Ass’n V. City of Escondido, (2017) 7 Cal. App. 5th 180, the Court of Appeal held that the Homeowners Association (“HOA”) was not entitled to a refund of service fees paid for water used to irrigate common landscape areas despite the fact that the water used for irrigation was not connected to the City of Escondido’s (“City”) sewer system.
Posts Tagged ‘HOA’
Case Update: Laguna Hills HOA Prevails Against Homeowner’s Intentional Encroachment Into Common Area.
In Nellie Gail Ranch Owners Association v. McMullin, (2016) 4 Cal.App.5th 982, the court of appeal affirmed a trial court ruling quieting title to a portion of planned development’s common area in favor of a homeowners association (HOA) in Laguna Hills. In this case, a homeowner sought the HOA’s approval to construct several backyard improvements, including renovations to a pool, and new stairways, retaining walls and fences that dropped down the owner’s hillside towards HOA common area (Lot 274). The HOA approved the pool renovations, but not the owner’s proposed re-grading, retaining walls and fences. However, the owner’s constructed those improvements anyway, which had the effect of fencing in 6,000 SF of the common area, and the HOA sued.
CASE UPDATE: Court Awards $100,000.00 in Attorneys’ Fees Against HOA Member in Dispute About Short-Term Vacation Rentals
In Almanor Lakeside Villas Owners Association v. Carson, (6th Dist. 2016) 246 Cal.App.4th 761, the court of appeal affirmed a trial court judgment awarding the homeowners’ association (HOA) approximately $100,000.00 in attorneys’ fees. The HOA filed a complaint against a member of the HOA in order to enforce $20,000.00 in fines and related fees for rule violations related to the member’s leasing of its two properties as short-term vacation rentals, which was prohibited by the CC&Rs.
In Huntington Continental Townhouse Assoc., Inc. v. Miner, (2014) 230 Cal.App.4th 590, the court held that a homeowners’ association (HOA) must accept an owner’s partial payment toward a delinquent HOA assessment balance. In this case, the owner (Miner), stopped making monthly assessment payments and eventually incurred a balance of approximately $6,400.00 in assessments, penalties, fees and costs. The HOA imposed a lien against the owner’s property, had the lien recorded, and then filed a lawsuit to foreclose on the lien.