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# The HOA Advisor
- URL: https://www.smdp.com/the-hoa-advisor-20060927/
- Published: 2006-09-27T15:00:00.000Z
- Updated: 2026-10-25T01:03:25.000Z
- Author: Guest Author
- Tags: Opinion, Santa Monica, #archive-import

*Homeowners need to stick together Q*

*By MICHAEL CHULAK*

In reviewing the Bylaws and CC&Rs (Covenants, Conditions and Restrictions) of our homeowner association, our board has noted several conflicts. Which document takes precedence? A CC&Rs take precedence over Bylaws when a conflict occurs. Q Will transferring title to my home to a living trust cause a reassessment under Proposition 13? A Absolutely not.

Will transferring title to my home to a living trust put me in danger of having my lender call the loan due? A No. Under California law, a lender may not accelerate the maturity of a loan as a result of the owner transferring title to a living trust. Q May our homeowner association prohibit us from displaying the American Flag on our property? A No. A homeowner association may not adopt a rule which prevents a person from displaying a flag of the United States on private property unless it is used in conjunction with an advertising display. They may prevent you from attaching the flag to the common areA Q The board of directors of our townhome association has decided to rent out several guest parking spaces to individual members of our association. Can they legally do this? Their action has created a shortage of visitor parking spaces. A Absent a highly unusual provision in your CC&Rs (Covenants, Conditions and Restrictions), the answer is no. The common area is owned by all members of the association and may be used by or for the benefit of all members of the association.

In addition, many cities prohibit the conversion of guest parking spaces to non-guest use. You may check with your local city or county building department concerning such restrictions. Q I live within a large homeowner association that includes a lake which is surrounded by homes. My home is not within view of the lake, nor do we use it. It seems unfair for us to be assessed for the maintenance of the lake when we can’t even see it. Do we have any recourse? A Other than moving, no. If your CC&Rs (Covenants, Conditions and Restrictions) require that you pay a share of the maintenance, you must do so. It is a contractual obligation you agreed to when you purchased your home.

Even if you cannot see the lake or don’t use it for recreational purposes, it is a unique amenity that increases the value of your property.

Michael T. Chulak is the founder of Michael T. Chulak & Associates, a Law Corporation, based in Agoura Hills. Questions can be sent to Answers are general in nature. An attorney should always be consulted when legal advice is needed. For more information, visit these two web sites: www.MTCLaw.com and www.HOAQandA com. Chulak also schedules free legal seminars throughout Los Angeles and Ventura counties. See www.LegalSeminars.net.

*Originally published in the Santa Monica Daily Press print edition on September 27, 2006.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/092706.pdf?ref=smdp.com)