Real Property – Common Land I live in a neighborhood of only million- dollar…

Real Property – Common Land
I live in a neighborhood of only million- dollar single family homes that have private property (a lot) and some coomon areas (only a tennis court) and some strips of land between houses that is common land owned by everyone. Question: Does the Association Board have the right to give a portion of that common land to enlarge his personal lot? For this answed assume the the Board does not have the power of attorney and there is nothing specific in the CCRs/Covenants/Conditions. One interesting but probably not a relevant issue – according to all documents – the association disolves in 2025.

5 thoughts on “Real Property – Common Land I live in a neighborhood of only million- dollar…

  1. Re: Real Property – Common Land
    Feel free to contact our CA member firm to assist you with challenging this action, which does not appear to be authorized.

    David W. Nance founding member of
    5700 Magazine Street
    New Orleans, LA 70115

  2. Re: Real Property – Common Land
    My answer is always the same involving Homeowner’s Association, and CCR’s.

    The legal system basically stays away from getting involved in any legal disputes, involving HOA’s.

    You almost always have to fight these situations from the inside, such as attending Board meetings, and bringing this matter up before the Board.

    Unfortunately, where a power of attorney exists, or whether or not the CCR’s permit this, and whether or not the association dissolves, it is almost impossible to get this matter successfully resolved in a court of law.

    HOA’s are treated almost as separate nations, such as Native American reservations, where they have their own police forces, and make rules by tribal counsels.

    Sorry I can’t encourage you, but there isn’t much encouraging here.

    Robert L. Bennett
    Law offices of Robert L. Bennett
    2117 N. Baker St.
    Bakersfield, CA 93305

  3. Re: Real Property – Common Land
    Not without compensation to the HOA. You should have an attorney look at the documentation transferring the property and the CC&Rs to try to unravel what has occurred and a strategy if you and/or neighbors want to pursue a remedy.

    Cathy Cowin
    Law Offices of Cathy Cowin
    2344 Tulare Street, Suite 300
    Fresno, CA 93721

  4. Re: Real Property – Common Land
    Every member of the HOA was an owner of that common land. I doubt the CC&Rs authorize the board to give that land away – especially if he did not pay for the land.

    I am interested in your case. Feel free call if you’d like to discuss.

    Benjamin Berger
    Berger-Harrison, A Professional Corporation
    2700 W. Pacific Coast Highway, Suite 200
    Newport Beach, CA 92663

  5. Re: Real Property – Common Land
    Normally, an association cannot deed common area without 100 % membership and lender approval, but we would need to review your C.C. & R’s. Plesae contact us if you have any questions.

    Larry Rothman
    Larry Rothman & Associates
    Orange, CA 92868

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