Our reports regarding unpermitted motor court parking activity in the Willow community have been ignored by the HOA/ Management since April 2025 when we started submitting these. As such, this year, in an attempt to address the issue and educate our neighbors, we decided to issue Cease & Desist letters to the Top 9 violators. A few of these homeowners have refused to comply (from our perspective, out of total ignorance), so we were forced to escalate with demands for Alternative Dispute Resolution (ADR). It is astonishing to have discovered that anyone would forgo an opportunity to mediate and engage in ADR, thereby willingly exposing themselves to a lawsuit.
It has been frustrating to see that, in combination with a developer-controlled HOA board that has little interest in enforcing its own CC&Rs, a few households can cause so much trouble. Moreover, it has been disappointing to see that, even after being informed of the CC&R rules that strictly prohibit motor court parking, there are a few homeowners whose hubris prevents them for taking responsibility and following the rules. Over the past year, we have also made a surprising discovery regarding the sheer and utter level of ignorance most homeowners have regarding the CC&Rs and Rules + Regulations that govern life in an HOA. We can't decide which is worse - the hubris or ignorance on the part of a few of the Top 9 violators of motor court parking in the Willow community. Ultimately, both lead to litigation and affect the entire community.
Our advice to our neighbors is that you familiarize yourselves with the CC&Rs by which you are legally bound. And, heads-up: the CC&Rs CANNOT be changed by amendments to the Rules + Regulations (as the Meritage-controlled board is attempting to do to in connection to motor court parking to allow for 30-minute parking stints). Moreover, we urge folks to understand that, as members of the HOA, we have the legal right to bring a lawsuit, not only against the HOA, but also against other members to compel compliance with the CC&Rs... and this does not constitute harassment.
HOA Document Hierarchy: What Controls What?
In disputes or confusion, it’s essential to understand the HOA document hierarchy. Here’s the general order of authority in California:
1. State laws (e.g., Civil Code, Davis-Stirling Act)
2. CC&Rs
3. Articles of Incorporation
3. Bylaws
4. Operating Rules
Any rules and regulations created by the Board/ Management Company should align with the higher-level documents and applicable law. If not, they may be unenforceable.
Amending HOA Governing Documents
Governing documents aren’t static. Over time, they may need updates to reflect new legal requirements, community preferences, or remove outdated code references.
The amendment process varies depending on the document. For example: Amending CC&Rs often requires homeowner approval—commonly a supermajority vote, depending on the existing CC&Rs. Bylaws may require a membership vote, depending on the bylaws and applicable law. Operating rules can often be changed by the Board, but typically only after following notice and comment procedures in the Civil Code.
Source: LS Carlson Law
(https://lscarlsonlaw.com/articles/hoa-governing-documents-understanding-ccandrs-bylaws-and-rules)
Link to Evidence (Coming Soon)
1. 2080 Bergamot
2. 2161 Bergamot
3. 2060 Bergamot
4. 2112 Bergamot
5. 2171 Bergamot
6. 2056 Bergamot
7. 2054 Bergamot
8. 2072 Bergamot
9. 2041 Bergamot
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