How much trouble can you get in for breaking the Rules, Regs and CC&R's even if it's for a just cause like keeping son, grandson and 2?

Asked by Livewolf, 93446 Tue Jul 12, 2011

Apparently didn't give enough facts about HOA Rules, Regs and CC&Rs. Guests only allowed for total of 30 days per year. Allowed one pet under 35 inches and 25lbs. Company son works for is cutting hours so he's not making enough for housing, child care and food. Single parent with no support from Mom. Son, grandson and 2 dogs (one oversized) need to move in with me until he can afford to live on his own and support son. I have 2 dogs, both service dogs and so far HOA is leaving me alone. When son here with his dogs they never go in common area, staying in house, yard or vehicles. i will not allow my son and grandson to live on the street or give up part of their family. This is a hardship situation that my son is doing his best to fix but it takes time. In this ecomony he can't find a good paying job and affordable housing in 30 days and he actually has less since they've already stayed with me for 2 weeks this year. What can the HOA do, how can I fight it and what options do i have

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Michael Byrd, Agent, Arroyo Grande, CA
Tue Jul 12, 2011
I empathize with your situation, particularly since I've recently welcomed an adult son back into our household, but just how much empathy you'll receive from the HOA officers and/or management company is impossible to say until you ask. It certainly can't hurt to give it a try.

If that doesn't work you should probably follow others' advice and seek legal counsel. I can provide you contact information for an excellent attorney in SLO who specializes in real estate contract issues such as this.

If your son, with or without your help has any income such as unemployment, he might want to check out the rooms to share on Craig's List, link attached. There are some pretty good deals there for someone starting over.
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Ron Thomas, Agent, Fresno, CA
Tue Jul 12, 2011
You'll find that the HOA is not some group of mean-spirited businessmen who are just looking for an excuse....
The HOA is your neighbors, a bunch of sweet-old-retired-grandmothers-andgrandfathers who are mean-spirited and just looking for an excuse.....

When we found out my wife was pregnant, Jan. of 1980, we were living in an Adult Mobile home park. David was born in October, we weren't able to sell until next April. The HOA was understand, but firm. The neighbors adored my wife and looked forward to her daily walks. They fussed over him and were generous and kind. We never got a nasty letter from anyone.

The point is, BE NICE TO THAT DUCK, SHE MIGHT BE SOMEBODY'S MOTHER. don't hide in your house, make friends and if someone asks, tell them your story; you've got nothing to lose. Make friends, they will be your allies. Some of your neighbors are on the Board, find out who they are and don't tell them.

You might think about finding the oversized dog a new home.

Good luck and may God bless
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David Norwood, Agent, ARROYO GRANDE, CA
Tue Jul 12, 2011
The quick answer is that you can be fined if fines indicated in the CC&Rs. However, you can be up front with your neighbors (Home Owners Associations) and ask permission. I would be suppressed to find out that your neighbors would not be willing to help you out in a difficult situation.
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Matthew Bart…, Agent, Glendora, CA
Tue Jul 12, 2011
Hi Livewolf,

Sorry to hear of the hard time your son and his family are going through. I recommend that you speak with an Attorney that specializes in Real Estate law to find out the potential ramifications you face from your HOA should you violate the CC&R's. Only an Attorney will be able to advise you on this matter. Good luck!

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Mack McCoy, Agent, Seattle, WA
Tue Jul 12, 2011
Well, it depends on where the clause is. If it's in the HOA rules, there should be a fine schedule or other list of penalties for rules violations. If it's in the CC&Rs, the HOA or your fellow homeowners can sue you into compliance.

From the HOA's point of view, they have the interest of other homeowners to protect, and the four dogs may be a violation of zoning regulations, which the HOA can't protect you from.

The thing is, Livewolf, you're asking us how to help you impose your problem on your community, and having a hardship doesn't relieve you of your obligations as a member of the community.

I think that if you pick a fight over this, you are destined to lose, although I don't know what recourse the HOA has, except that might be able to have Animal Control come and take your son's two dogs.

What I suggest is that you ask the HOA for permission and a waiver. Sure, they may say, "No," and they're probably obligated under the bylaws to say, "No." But this way, they won't first be hearing about your violations as a result of complaints, and it may make them less eager to enforce the rules if you're proactive about it.

If they get hard-line about it, you would need to obtain legal assistance.

All the best,
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