MichaelB32 (California)
Posts: 141
Posts: 141
Posted:
Our HOA was awarded a judgement against a condo homeowner “because they did not asked for permission”. The homeowner neighbor below is now threatening a law suit against our HOA because they are not enforcing the judgement by allowing the homeowner to keep their new floor plan.
The member had converted a three bedroom unit into a two bedroom unit by removing a wall to make a larger living room. The member had also created an open concept kitchen space by removing the kitchen bar.
This is the ruling is from the court.
1. Defendants shall, restore the subleasehold estate commonly known''Subject Property’' to its original as-built condition, pursuant to the original building plans for the Subject Property;
2. Plaintiff is the prevailing party of this action and may file a motion for fees and costs pursuant to the code;
3. The Court retains jurisdiction of this matter in order to enforce this Judgment, including restoration of the Subject Property
After the trial,a letter was send from the Board to the homeowner saying that the HOA would allow them to continue their remodeling project and their new floor plan except for installation of an Island.
The HOA and most the member do not want any more legal stuff. We are running an operating deficit cause by these legal cost to the amount of 12% of our annual dues. This member has already file bankruptcy and just want to finish their condo. Can the neighbor below force our HOA to continue more destruction of this poor family even though they do not want to.
The member had converted a three bedroom unit into a two bedroom unit by removing a wall to make a larger living room. The member had also created an open concept kitchen space by removing the kitchen bar.
This is the ruling is from the court.
1. Defendants shall, restore the subleasehold estate commonly known''Subject Property’' to its original as-built condition, pursuant to the original building plans for the Subject Property;
2. Plaintiff is the prevailing party of this action and may file a motion for fees and costs pursuant to the code;
3. The Court retains jurisdiction of this matter in order to enforce this Judgment, including restoration of the Subject Property
After the trial,a letter was send from the Board to the homeowner saying that the HOA would allow them to continue their remodeling project and their new floor plan except for installation of an Island.
The HOA and most the member do not want any more legal stuff. We are running an operating deficit cause by these legal cost to the amount of 12% of our annual dues. This member has already file bankruptcy and just want to finish their condo. Can the neighbor below force our HOA to continue more destruction of this poor family even though they do not want to.
Michael Barto
[email protected]
[email protected]