HOA Related Bricks

UPDATED: Oct 1, 2022

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HOA Related Bricks

I put in several bricks over 19 years ago as a border to the back of my unit.

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day I got a letter asking me to remove the bricks because they are calling it a
tripping hazard. The brinks have been there 19 years. Do I have to remove the

Asked on March 31, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends if there is something in the HOA rules or other documents governing the community (e.g. a master lease) giving them the power to decide if something is a tripping (or other) hazard and, if so, to have them removed. An HOA has whatever power the documents governing the community and it give it--and no other power. So if given the power by the governing documents, they can require you to remove the bricks, notwithstanding that they have been there for years (they don't give up their power or rights by not acting sooner). And on the other hand, if they don't have this power, they can't make you remove them. So you have to review the various governing documents.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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