HOA Related Bricks

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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.

Today 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
bricks?

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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