Condo living has its definite upsides, but it can also involve HOA disputes that you’d rather avoid. I wanted to round up the top ten issues that cause problems among condo owners, courtesy of my attorney friends at Goldstein, Gellman (g3mh):
1. Noise and nuisance. Everyone loves quintessential San Francisco architecture, but let’s face it; Victorians and Edwardians offer their fair share of footfall transmission and conversations through the walls. Set your expectations and get used to the idea that you will hear your neighbors from time to time.
2. Pets. Condo CC&Rs (the document that governs the HOA) specify pet restrictions, which sometimes stipulate keeping pets leashed in the hallways or limiting size/number of dogs and cats. Keep this in mind if you’re thinking of getting a second dog and your CC&Rs limit the number of pets in a unit.
3. Window maintenance. Though the roof of a building is a shared HOA responsibility, owners may have to deal with their unit windows individually.
4. Leaks. Water intrusion from one unit into another does happen from time to time, especially if there are washer/dryers in a building. Who’s responsible for paying for damage can be a huge issue of dispute. Owners and HOAs should have a clear and documented understanding concerning payment responsibilities, the HOA’s right of entry to make repairs, and obligations of owners to carry insurance above and beyond the HOA’s master insurance policy.
5. Improvements and alterations. If the CC&Rs specify that owners need HOA permission for remodeling, that’s the way it goes. It’s not a great idea to try to sneak contractors through the hallways.
6. Unit rentals. If you’re going to rent out your unit, make sure you conform to CC&R rules that may restrict short-term stays. Some HOAs also limit the number of units that owners can rent at a given time.
7. Assessments. Also known as HOA dues, assessments are usually charged on a monthly basis. It’s best to deal with delinquent HOA dues quickly, as collecting payment from a delinquent owner can be a headache.
8. Inadequate reserves. Most larger buildings should have a certain amount of money on reserve in the event of a building issue, such as a roof replacement or paint job. However, many smaller buildings don’t carry large reserves. Though this is reasonable, the pay-as-you-go plan can backfire when a building needs critical work.
9. Use restrictions. This can relate to a wide range of issues, such as maximum occupancy, parking, satellite dishes and noise. There are many laws that may affect the enforceability of use restrictions. For example, California statutes prohibit housing discrimination based on race, color, religion, sex, sexual orientation, and marital status. It’s important that HOAs keep these laws in mind before enforcing a particular use within a condo.
10. “Nonstandard” units. Smaller buildings which start out as rental apartments and later convert to condos may include a unit—such as a penthouse, or detached cottage—that’s very different from the other units. It’s important for CC&Rs to be clear how these different units fit into the HOA, especially where maintenance is involved.


















