By Dale Gribow
There is an old adage that People Don’t Plan to Fail but rather They Fail to Plan. Nowhere is that
more true than with respect to our abundant Homeowners associations in the greater Palm Springs
gated communities. Each community has their own Homeowners Association’s Governing Rules. It
is important that we all read the HOA rules for our community. Ignorance is no excuse in the Indio
courthouse.
Do not accept someone saying all HOA rules are All Standard………….they are not. They may be
similar but they are not identical. They are prepared exclusively for that community and are usually in
“Legalese”. The often take an attorney to understand and explain them to you. Before you complete
your purchase, take the documents to your attorney for review. Remember it is what is on the paper
in black and white that controls and NOT what you allege you were told. The lesson learned is that the
communities governing HOA documents are vitally important
The biggest problem I have seen with clients over the last 30 years or so, is that they skimp on
consulting with a lawyer in the beginning and thus make a problem more serious and more costly later
after issues arise. This happens with HOA issues and also with people who try to incorporate and or set
up a business themselves.
These HOA rules govern your community. They should be read and understood when you
first move into the community and arguably should be read BEFORE you purchase a home in that
community. When potential clients call our office with real estate issues in their gated community we
ask for a copy of the HOA rules. These documents are provided for you when you purchase a home by
either the escrow company or your real estate agent.
You should question whether the land is fee simple where the owner owns the land or is it
leased from an Indian tribe for 99 years? Often Indian Land has unique rules of which the homeowner is
not aware. Each Indian Tribe is a sovereign entity and they are not controlled by all the laws of the State
of California. There are lawyers who specialize in Indian Law as it is quite unique.
If you misplace the HOA documents you can contact the association’s board to get another
copy. Sometimes there is a minor fee to obtain same. You or your lawyer should update them as new
HOA rules are implemented or the California Civil Code is amended. The HOA consults with an attorney
when they want to amend the documents and the homeowner should do the same.
The future will see many more CID’s (Common Interest Groups) that are governed by the
Covenants, Conditions and Restrictions (CC&R’s). Rules can also be implemented by the association’s By
Laws and the communities Rules and Regulations. Homeowners are not expected to memorize these
documents but are expected to read and understand them or have an attorney explain them to the
homeowner.
Please note our new address, phone number and email below:
Dale S. Gribow
Dale Gribow Law Group, APC
385 San Remo Street
Palm Desert, CA 92260
PH: 760-837-7500
dale@dalegribowlaw.com
