Q: I am looking into purchasing a property with three freestanding units and a small amount of common space used as a walking area to get from the street to units.
The selling agent provided the CC&Rs, but the HOA doesn’t exist and has never met for as long as the current owners have been there. There are no members, no minutes and no fees. What does this mean for the rules in the CC&R? Are they enforceable? Does the HOA need to be reinstated? What are the implications of this current situation?A: Smaller associations are governed by exactly the same laws in the Davis-Stirling Common Interest Development Act as large ones.
There is most likely a homeowners association in the property, which is unfortunately being ignored. Ignoring the law and governing documents can work for a while, until the first disagreement or other problem arises. The governing documents and statutes provide a framework to guide the owners in that property.
Q: When I got my property, I was not told I had an association or what it entailed. They didn’t even want to give me the CC&Rs. Eventually I got the CC&Rs from a neighbor, and someone made me notice the date it was recorded – 45 years ago. I heard that this CC&Rs could be expired.
The Davis-Stirling Act became law in 1986 and in its earlier years was fairly minimal. So, governing documents dating before the 1990s often are substantially out of step with current law and sometimes even have illegal discriminations against children or minorities. If you had trouble getting the CC&Rs, that is a troubling indication because your CC&Rs document is the foundation of the HOA’s operation of the property.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober DeNichilo LLP, a California law firm known for community association advice. Submit questions to
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