Title, Land Use and Zoning Dispute - New Homeowner vs. Homeowner's Association & Title Insurance Carrier
After its purchase, a family seeking to extensively remodel a home in a coastal South Orange County neighborhood is informed by their homeowner's association ("HOA") that title to a large landscaped portion of their real property is owned and controlled by the HOA. The family's whitewater view is impaired by an association-maintained tree, and access and improvement to a significant portion of their real property is denied. Mr. McMahon's research reveals that the HOA owns no interest in the landscaped portion of property and the recorded CC&Rs do not restrict the family's use, access and development of the property. Claims are asserted against the sellers, the HOA and the title insurance company. Appraisers are consulted to ascertain and value real property and view loss damages. Through mediation, a monetary settlement favorable to the family is reached, and the claims against their title to their real property (and ocean view) are quieted. An agreement is reached with respect to HOA signage on the family's property. During the construction process, the family is assisted by Mr. McMahon with additional approvals during meetings with the HOA and before the City.