HOA Lawyer in the South Bay
From the beach-city condominiums of Manhattan Beach, Hermosa Beach, and Redondo Beach to the hillside communities of the Palos Verdes Peninsula and the planned developments of Torrance and El Segundo, the South Bay is dense with community associations and its high property values raise the stakes of every dispute. Milan Chatterjee represents South Bay homeowners when a disagreement with their association arises.
HOA disputes we handle for RSM homeowners
Why South Bay homeowners face HOA disputes
Two features define HOA disputes in the South Bay. On the Palos Verdes Peninsula Rancho Palos Verdes, Palos Verdes Estates, Rolling Hills, and Rolling Hills Estates view and height are prized, and many associations' CC&Rs contain detailed view protection and architectural provisions. Disputes over a neighbor's landscaping, a proposed remodel, or a denied addition are common, and they turn on the specific language of those documents. Along the coast, the aging condominium buildings of the beach cities face significant reserve and maintenance costs; when a roof, deck, or seawall needs work, boards levy special assessments that can run into real money, and owners often question how they were approved. High property values mean that when an assessment lien or foreclosure is on the table, the exposure is substantial. In every case, the outcome depends on the CC&Rs and whether the association followed the process California law requires.
Your rights under the Davis-Stirling Act
Every South Bay HOA operates under the Davis-Stirling Common Interest Development Act (California Civil Code §4000 and following). Assessments generally cannot be raised past set limits without a member vote no more than a 20% regular increase, or a special assessment above 5% of budgeted gross expenses (§5605); fines require written notice and a hearing (§5855); and foreclosure on an assessment lien is limited to delinquencies of at least $1,800 or more than 12 months overdue (§5720). Our California homeowner rights guide covers these protections in full.
COMMON QUESTIONS
Common questions from South Bay homeowners
Many do. The Palos Verdes Peninsula has numerous community associations, including gated communities, and many carry detailed view, height, and architectural provisions in their governing documents.
It can, where those provisions are in the recorded CC&Rs and are applied reasonably and consistently. Because these rules are document-specific, the outcome of a view dispute usually turns on the exact language and the history of enforcement.
Major common-area repairs are typically the association's responsibility, funded through reserves and, when those fall short, special assessments which above 5% of budgeted expenses generally require a member vote. Disputes often arise over whether that process was followed.
People also ask
California law doesn't grant a general right to a view. But many associations especially on the Palos Verdes Peninsula have view-protection and height provisions written into their CC&Rs, and those are enforceable. Whether a view can be protected or restricted usually comes down to what your governing documents actually say and how consistently they've been applied.
A special assessment is a one-time charge, on top of regular dues, that an association levies to cover a large or unexpected cost often a major repair or a shortfall in reserves. Under California Civil Code §5605, a special assessment exceeding 5% of the association's budgeted gross expenses generally requires a vote of the members.
Simply refusing is risky unpaid assessments can become a lien on your home. The better path, if you believe an assessment was improperly imposed, is to challenge how it was adopted: whether the required member vote occurred and whether the association followed its own procedures. An attorney can assess whether the assessment is vulnerable.
It depends on the CC&Rs. Generally the association maintains the common areas and building exteriors while owners maintain their units, but the dividing line decks, windows, plumbing, roofs varies by community and is a frequent source of dispute, especially in older coastal buildings.
If you're dealing with an HOA issue in the South Bay, Milan Chatterjee can help you understand your options under the Davis-Stirling Act. Request a free consultation to talk through your situation.
About the HOA Attorneys
Milan Chatterjee is an attorney licensed in California and Nevada and a graduate of UCLA School of Law. He represents homeowners in HOA and community-association disputes across Los Angeles County and both states, including view, assessment, CC&R, and foreclosure matters.
Address:
2620 Regatta Drive, Suite 102 Las Vegas, NV 89128
Office Hours:
Monday - Friday: 9:00 AM - 5:00 PM
Saturday: By appointment
Sunday: Closed
