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# The HOA advisor column
- URL: https://www.smdp.com/the-hoa-advisor/
- Published: 2006-04-05T15:00:00.000Z
- Updated: 2026-10-24T23:51:24.000Z
- Author: Guest Author
- Tags: Opinion, Santa Monica, #archive-import

*Concerning covenants,conditions and restrictions*

*By MICHAEL CHULAK*

Question: Our homeowner association has a master insurance policy that covers the common areas. Is the insurance company under a legal duty to review our covenants, conditions and restrictions to determine the extent of our common areas before processing a claim for damages?

Answer: No. They are only required to review the insurance policy issued to determine what is covered.

Question: One of the homeowners in our association recently suffered a loss due to water damage. The loss is covered under the association’s master policy as well as the owner’s individual homeowner policy. Our board wants the owner to make a claim against her policy so the association will not be required to do so. The owner wants the board to make a claim against the master policy. What is your advice?

Answer: If the loss is covered under the master policy, the association must make a claim on behalf of the owner. Generally, where there is overlapping coverage, the association’s policy is primary and the homeowner’s secondary. This means that the association’s policy will pay any loss up to the policy limit. Any uncompensated loss would then be covered by the homeowner’s policy if coverage exists.

Question: Does the department of real estate assist with the enforcement of homeowner association bylaws and covenants, conditions and restrictions?

Answer: Homeowner associations are subject to the Davis-Stirling Common Interest Development Act, which is designed to provide homeowners with a system of self government and dispute resolution. The department of real estate reviews the legal framework of all new homeowner associations to ensure compliance with the subdivided lands law through the public report application process prior to the homes being offered for sale to the public. Once sales have commenced, the department’s jurisdiction is limited to the subdivider’s obligations under the public report, which does not include intervention in association disputes. Presently, there is no state or local agency that regulates associations or their members.

Question: As a result of a dispute, a contractor recorded a mechanic’s lien against our condominium association’s property nearly six months ago and refuses to release it. What do you suggest?

Answer: A mechanic’s lien is invalid and unenforceable under Civil Code Section 3144 if the lien claimant fails to file a lawsuit to enforce the lien within 90 days of recordation. You should refer to this code section when making a demand that it be removed.

If necessary, your association may bring an action to have the lien released. Your association will be entitled to recover its costs and reasonable attorney’s fees. (Michael T. Chulak is a partner with Chulak Shiffman Quisenberry & Drescher LLP, Attorneys at Law. Questions can be sent via e-mail to Answers are general in nature. An attorney should always be consulted when legal advice is needed. For more information, visit www.CSQDLaw.com and www.HoaQandAnswer:com.)

*Originally published in the Santa Monica Daily Press print edition on April 5, 2006.* [Read the original PDF.](https://s3.us-east-1.amazonaws.com/smdp%5Fbackissues/040506.pdf?ref=smdp.com)