What You Need to Know Before You Sign

Buying your first home is exciting. But it also comes with many legal steps that you may not expect. In San Diego, local rules and fees can add extra details you need to watch for.

To help you feel confident, Hoffman & Forde created this easy legal checklist. Use it to review the most important documents and steps before you buy your home.

Before you continue, get your FREE copy of our Your Legal Checklist for Buying a Home in San Diego. Use it to keep track of each step as you move forward.

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Your Step-by-Step Legal Checklist for Buying a Home in San Diego

1. Read the Purchase Agreement Carefully

The purchase agreement is the main contract between you and the seller. It explains what each side must do, when, and how. This document sets important dates for inspections, loan approval, and closing. It also describes what happens if either side needs to cancel. Reading this agreement clearly helps you avoid surprises later.

Make sure the purchase agreement includes:

• Clear deadlines for inspections and loan approvals.
• Terms about cancelling the agreement.
• Seller responsibilities like repairs and move-out dates.

2. Understand Escrow and How It Works

Escrow is a service that holds your money and important papers safely until all the sale steps are complete. It protects both the buyer and seller. Knowing where your deposit goes and how escrow handles payments and instructions will help you feel secure. Also, it’s important to understand what happens if the deal does not finish.

Before closing, ask:

• Where your deposit will be held.
• How escrow will handle your funds and documents.
• What happens if the sale falls through.

Learn more about escrow in California (California Department of Real Estate)

3. Review Seller Disclosures

In California, sellers must tell you about any known problems with the home. This includes damage from water or pests, past repairs, or issues with the home’s systems. Sellers also must share if the home is part of a dispute with a Homeowners Association (HOA) or if someone passed away in the home recently. Reviewing these disclosures helps you understand the condition of the home before buying.

Look for disclosures about:

• Water damage, mold, or pests
• Past repairs or remodeling
• HOA disputes or fees
• Recent deaths in the home

4. Check the Title Report for Clear Ownership

The title report shows who legally owns the home and if there are any claims against it. You want to make sure there are no unpaid debts (called liens), unpaid taxes, or other claims that could cause trouble later. It’s also important to check if there are any shared rights to the land, called easements. Some areas in San Diego have extra taxes, like Mello-Roos, which help fund local services.

Make sure the title report shows:

• No liens or unpaid debts on the property.
• Any easements or shared land use.
• Whether Mello-Roos or other special taxes apply.

5. Review the HOA Documents if there is a Homeowners Association

If your new home is part of an HOA, you need to understand the rules and fees. HOA documents include the community rules (called CC&Rs) and information about any ongoing lawsuits or special assessments. Knowing this helps you plan for monthly fees and understand what you can or cannot do with your property.

Check HOA information for:

• Community rules and restrictions.
• Monthly fees and special assessments.
• Any pending lawsuits or disputes.

6. Consult with our Real Estate Attorney Before You Sign

Your real estate agent can help with many parts of the sale, but only an attorney can explain the legal language in your contracts and other documents. An attorney can spot potential problems early, help with negotiations, and make sure your interests are protected throughout the process.

Our attorney will help you:

• Understand your contract and legal documents.
• Identify any risks or unusual terms.
• Negotiate better terms if needed.

Need Legal Advice?

From La Mesa to Del Mar to East Village, first-time buyers choose Hoffman & Forde for trusted legal guidance every step of the way.

Our Real Estate Attorneys understand the local market and explain San Diego’s housing laws in simple terms. We carefully review your contracts and disclosures—so you can move forward with clarity and confidence.

Cover every step of the process with our detailed, easy-to-follow guide.

👇 Get your FREE Homebuyer Checklist

Contact us at (619) 546-7880 for a consultation. Let us help you protect your home purchase and achieve peace of mind.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Homeowners Associations (HOAs) are meant to preserve neighborhood standards, but sometimes they go too far. Whether it’s an unexpected fine, a sudden notice of violation, or rules that seem unfairly enforced, it’s important to know that homeowners in California have rights—and options.

In this post, we’ll break down what “overstepping” can look like, how to identify unlawful enforcement, and what legal steps you can take to protect your property rights in San Diego and throughout California.

Can an HOA Go Too Far?

Yes. While HOAs are granted authority through governing documents and California law, they must act reasonably, fairly, and within their legal limits. When they fail to do so, they may be violating state regulations—or your rights as a homeowner.

• Common signs of overreach include:
• Fines issued without notice or a hearing
• Rules enforced inconsistently across homeowners
• Penalties not outlined in the CC&Rs
• Failure to follow due process under California law
• Selective enforcement or targeting of specific homeowners

What the Law Says: The Davis-Stirling Act

California’s Davis-Stirling Common Interest Development Act sets clear rules for how HOAs must operate. Key protections for homeowners include:

• Advance notice of alleged violations
• A right to a hearing before fines are imposed
• Reasonable penalties that align with the community’s published policies
• An opportunity to dispute or appeal enforcement actions

If your HOA skips these steps or acts outside its legal authority, you may be able to challenge their decision.

Examples of Unlawful Fines or Violations

Let’s say your HOA fined you for painting your front door without “approval”—but their design guidelines don’t mention door color, and no notice was given before the fine. This may be unenforceable.

Or perhaps the HOA is enforcing a noise rule against you, but ignoring the same issue when it comes to other neighbors. This could be considered selective enforcement, which may not hold up legally.

Steps to Challenge an HOA Fine or Violation

✧ Review the Governing Documents

Start with your CC&Rs, bylaws, and rules. Does the violation or fine align with the published policies?

✧ Request a Written Explanation

Ask your HOA to cite the rule you’re violating and explain the process used to determine the penalty.

✧ Document Everything

Keep copies of all correspondence, notices, and communication with the board. These records can be valuable if legal action becomes necessary.

✧ Participate in the Hearing Process

California law requires HOAs to offer a hearing before imposing penalties. Attend and present your side clearly.

✧ Use Internal Dispute Resolution (IDR)

Before escalating the conflict, attempt to resolve it through IDR—a mandatory, informal process in most HOAs.

✧ Talk to Our Experienced Attorneys

If the matter remains unresolved or you believe the HOA acted outside its authority, talk to our Residential Real Estate Attorneys at Hoffman & Forde. We can assess whether the enforcement is lawful and guide you through your next steps. In many cases, homeowners may be entitled to reverse fines or recover legal costs.

Why Local Legal Knowledge Matters

San Diego HOAs can have unique policies, but they must still comply with state law. An attorney familiar with both local practices and California statutes can help assess your situation and determine the best course of action—whether through negotiation, mediation, or litigation.

You Have the Right to Challenge Unfair HOA Actions

Disputes with your HOA can feel personal—but you don’t have to handle them alone. California law offers clear protections, and there are legal steps you can take when your HOA oversteps.

At Hoffman & Forde, we work with homeowners across San Diego and throughout California to challenge unfair HOA enforcement and restore peace of mind. Whether you’re facing steep fines or unjust violations, we can help you move forward.

Need Legal Advice?

Contact us today at (619) 546-7880 o schedule a consultation and protect your rights as a homeowner.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Easements are a common part of property ownership, granting someone the right to use another person’s property for a specific purpose. These agreements often involve shared driveways, utility access, or walkways. While easements are designed to define property rights, disputes can arise when misunderstandings or disagreements occur.

If you own property in San Diego, knowing how easements work can help you protect your rights and prevent conflicts.

What Is an Easement?

An easement is a legal right to use another person’s property for a designated purpose. Common types of easements include:

• Utility Easements – Allow utility companies to install and maintain power lines, pipelines, or communication cables.
• Right-of-Way Easements – Provide access across another person’s property, often for driveways or walkways.

In San Diego, shared driveways and access paths are frequent sources of easement agreements. Understanding the type of easement on your property can help prevent disputes before they arise.

Common Causes of Easement Disputes

Disagreements over easements typically result from:

• Misuse or Overuse – Using an easement beyond its intended purpose, such as parking in a right-of-way meant only for passage.
• Unclear Agreements – When the terms of the easement are not well-defined, disagreements can arise about its scope or use.
• Encroachment – When structures, fences, or landscaping interfere with an easement, conflicts may arise between property owners.

How to Resolve Easement Disputes in California

If you’re dealing with an easement matter, consider the following steps:

• Review Property Records – Check your deed and easement documents to understand your rights and responsibilities.
• Consult with Us – Our real estate attorneys can clarify the terms of the easement and guide you on potential solutions.
• Consider Resolution Options:
  • • Negotiation – Directly discuss the matter with the other party to reach an agreement.
    • Mediation – A neutral third party can help facilitate a fair resolution.
    • Litigation – If necessary, the court can determine the proper enforcement of the easement.

California law provides protections for property owners, but the specifics of each easement agreement will influence how disputes are resolved.

Preventing Future Easement Disputes

To avoid future conflicts:

• Draft Clear Agreements – Work with our real estate attorneys to ensure that easement terms are well-defined and legally sound.
• Survey Your Property – Regular property surveys can help identify and address boundary concerns before they become problems.
• Get Legal Help – Consulting with our residential real estate attorneys before creating or modifying an easement can help you avoid unnecessary complications.

Easement disputes can impact property value and neighbor relationships. By understanding your rights and obtaining professional legal advice, you can resolve conflicts efficiently and protect your property interests.

Need Legal Advice?

Easement matters can be challenging, but Hoffman & Forde is here to help. Our experienced attorneys provide clear advice and effective solutions for all Easement and Real Estate concerns in San Diego.

Contact us today at (619) 546-7880 for a consultation. Let us guide you in resolving disputes and protecting your property rights.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Disagreements between neighbors can create unnecessary tension and disrupt the peace in your home. Whether you are a homeowner, landlord, or tenant, knowing how to effectively address these conflicts can help preserve valuable relationships, protect your property, and prevent costly legal matters.

This guide outlines common neighbor disputes, provides practical steps to address them, and explains how Hoffman & Forde, Attorneys at Law, can support you in resolving conflicts quickly and efficiently, ensuring you maintain a harmonious living environment. With the right approach, these challenges can be managed in a way that benefits everyone involved.

Whether you are dealing with confusion about where one property ends and another begins, loud barking dogs, shared common areas, or issues like poor upkeep and clutter, here are a few things you can do to mitigate the problem before getting an attorney involved.

Being aware of these situations can help you prepare for a solution.

Steps to Resolve Neighbor Disputes

1. Talk It Out – Calmly explain the problem to your neighbor. A respectful discussion often clears up misunderstandings.
2. Keep Records – Write down details like dates, conversations, and other related events.
3. Try Mediation – A neutral third party can help both sides reach an agreement.
4. Get Legal Help – When solutions feel out of reach, our experienced attorneys can provide personalized strategies to protect your rights and give you peace of mind.

San Diego Laws You Should Be Aware Of

Local rules often play a role in solving neighbor disputes. For example:

• Noise Rules – The San Diego Municipal Code sets limits for noise levels based on the area.
• Property Boundaries – California Civil Code Section 841 explains how to handle shared fences and property lines.

Knowing these laws can help you avoid further problems.

Need Legal Advice?

Are you dealing with property line problems, shared space disagreements, noise complaints, or other neighbor disputes?

At Hoffman & Forde, we help clients resolve these challenges by providing personalized legal solutions:

• Property line disagreements
• Shared space concerns
• Noise complaints
• Other residential neighbor problems

If you have questions about how California laws apply to your situation, our Residential Real Estate Attorneys are here to help. We can guide you through resolving these disputes and protecting your property rights.

Contact us today at (619) 546-7880 for a consultation to discuss your circumstances and learn how we can assist you.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Living in a Homeowners Association (HOA) community brings perks but also a set of rules you need to follow. Whether it’s making changes to your home, handling fees, or getting involved in community decisions, knowing the HOA basics helps protect your rights and makes life smoother in your neighborhood. Here’s what you need to know about HOA rules in San Diego.

Your Rights as an HOA Member

As a homeowner in an HOA, you have rights that protect your interests and allow you to stay active in your community.

Membership and Voting Rights

When you’re part of an HOA, you get a voice in community decisions through voting rights. This allows you to help shape important matters, like budgets and community policies, based on your ownership stake. If your property is held in a family trust, trustees keep the right to vote on your behalf.

Access to HOA Records

You also have the right to access key HOA records, including financial statements, meeting notes, and vendor contracts. Submit a written request, and the HOA must provide these within ten business days. They can only charge a small fee for copies. Staying informed about community spending and decisions is a way to stay involved and protect your interests.

Making Changes to Your Property

If you want to modify your property’s exterior, the HOA has rules to keep the neighborhood looking consistent and well-maintained. Before starting any projects, submit your plans to the HOA to get approval. You’ll avoid fines and the hassle of undoing any changes. In general, projects like adding solar panels or electric vehicle chargers are allowed by law, though there may be some exceptions.

HOA Rules and Restrictions

Every HOA operates under a set of rules called the Covenants, Conditions, and Restrictions (CC&Rs). These documents explain the community standards, member responsibilities, and how disputes are handled.

Architectural Controls

If you’re planning on making visible changes to your home, like repainting or adding new landscaping, your HOA will likely need to approve these modifications. The architectural review committee checks that your project meets safety standards, aligns with the neighborhood’s look, and follows any building codes. This process helps keep the community appealing for everyone.

Pet Policies and Noise Regulations

Most HOAs set guidelines on pets and noise to keep life comfortable for all residents. Many limit the number or type of pets and set quiet hours or noise limits that often match local noise rules. Following these guidelines helps maintain a peaceful environment.

Getting Involved in HOA Meetings and Decisions

HOA meetings are where you and other residents discuss community issues and make decisions. Here’s a quick look at the types of meetings and how to get involved:

• Board Meetings – Regular sessions open to members, often held monthly or quarterly.
• Annual Meetings – A yearly meeting for all members to review budgets, elect board members, and discuss big decisions.
• Committee Meetings – Smaller groups focus on specific projects, like neighborhood events or landscaping.

Voting in HOA Elections

You can participate in HOA elections either in person or by proxy if you can’t attend. Elections give you a say in the leadership that makes decisions for your community.

Understanding HOA Fees and Assessments

HOA fees cover the upkeep of shared areas and amenities. There are two main types of fees:

• Regular Dues – Monthly or annual fees that support routine expenses like landscaping, security, and maintenance.
• Special Assessments – One-time fees for unexpected costs or major projects that go beyond the regular budget.

If you’re having trouble with payments, many HOAs offer payment plans or other options to help. Talking with the board may reveal choices that help ease your financial burden while keeping you in good standing.

Living in an HOA community successfully means balancing your rights and responsibilities. By knowing your membership benefits, following property guidelines, and understanding fees, you’ll enjoy a smoother experience.

Need Legal Advice?

For specific advice on HOA rules in San Diego, contact us today at (619) 546-7880. We’re here to help you understand your rights and keep things simple as you handle your HOA needs.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Homeowners’ Associations (HOAs) are essential to maintaining community standards, but disputes between landlords, property managers, tenants, and HOA boards can quickly arise. Understanding board duties, ensuring fair rule enforcement, and resolving fee disagreements are key issues that property owners and managers often face in San Diego and across California.

In this blog, we’ll explore the common challenges surrounding HOA disputes and the steps you can take to handle them, while ensuring compliance with California regulations.

Common HOA Disputes

1. Disputes Over Board Decisions

HOA boards make important decisions about enforcing community rules, managing budgets, and maintaining shared spaces. However, conflicts arise when homeowners, landlords, or property managers feel decisions are unfair or inconsistent. For instance, unequal enforcement of rules can lead to claims of bias or favoritism.

2. Tenant Responsibility and Communication

Landlords often face difficulties ensuring their tenants comply with HOA rules. When tenants violate rules, it’s the property owner who typically faces fines or penalties. Establishing clear communication between landlords, tenants, and the HOA can prevent many of these disputes.

3. Fee Disagreements

Fee disputes are one of the most frequent challenges within an HOA community. Whether it’s late fees, unexpected assessments, or additional charges for maintaining common areas, these disagreements can become burdensome for landlords and property managers. California law requires HOA boards to provide proper notice for fee increases or special assessments, but conflicts may still arise over fairness or necessity.

4. Staying Updated on Legal Changes

HOA boards must stay informed about changing California regulations. Non-compliance with new laws can expose boards and property owners to legal challenges. For landlords and property managers, ensuring the board is meeting its legal obligations is crucial to avoiding potential disputes.

The Role of HOA Boards – Fairness and Accountability

HOA boards are responsible for maintaining transparency and consistently enforcing rules. In California, boards must meet strict standards in managing finances and making decisions. Mismanagement, such as failing to maintain common areas or improperly handling funds, can lead to disputes and legal consequences.

For property managers and landlords, understanding the HOA’s rules and regulations—and making sure tenants comply—can prevent unnecessary challenges. Maintaining open lines of communication with tenants is also key to avoiding fines and penalties.

Fee Disagreements: A Common Problem for Property Owners

Fee disputes are one of the most common issues faced by landlords and property managers. California law provides protection for property owners by requiring HOAs to give proper notice and justification for any fee increases or special assessments.

However, even with these protections in place, disagreements can still arise. Mediation or legal advice may be needed to settle these disputes quickly and fairly.

Need Legal Advice?

Facing challenges related to HOA disputes, board responsibilities, rules enforcement, or fee disagreements?

If you have questions about how California laws apply to your situation, our Residential Real Estate Attorneys are here to guide you. We can help you resolve these disputes and ensure compliance with HOA regulations.

Contact us today at (619) 546-7880 for a consultation to discuss your specific circumstances and learn how we can assist you in managing these changes effectively.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Baseball’s postseason is a good reminder of what’s fair or foul in the profession of California property management. Just like in baseball, Landlords and Property Managers have rules to follow, especially when it comes to screening potential tenants. Although credit scores are no longer a primary topic of discussion, there are still many questions that Landlords can legally ask to determine an applicant’s suitability for a rental unit.

Questions You Can Ask

To make sure the rental process is thorough and compliant, Landlords and Property Managers can ask about:

• Pets – Does the applicant have any pets, and if so, what kind and how many?
• Number of Occupants – How many people will reside in the property?
• Parking Requirements – How many parking spaces will be needed?
• Rental History – Can their current or previous landlord provide a favorable reference?
• Smoking Habits – Do any of the tenants smoke?
• Waterbed Use – Does the applicant intend to use a waterbed in the rental unit?

This allows Landlords to screen tenants effectively and limits vulnerability to a lawsuit from a potential tenant who alleges harassment or retaliation.

Questions You Should Not Ask

While it’s important to be thorough, as a courtesy, Landlords and Property Managers never inquire further about a potential tenant’s:

• Marital Status – Whether an applicant is single, married or divorced is off-limits.
• Religious Practices – An applicant’s religion should never factor into the rental decision.
• Intentions to Have Children – Avoid inquiries about whether an applicant plans to start or expand their family.
• Gender – Questions about gender identity or expression are prohibited.
• Country of Origin: Never ask about an applicant’s nationality or immigration status.
• Disability: Avoid any questions related to physical or mental disabilities.
• Other Protected Statuses: This includes age, race, sexual orientation, or any other protected category under California’s Fair Employment and Housing Act (FEHA).

Adhering to these guidelines not only ensures compliance with California’s Fair Housing laws but also establishes a fair and transparent process for all applicants. By focusing on relevant and permissible questions, Landlords can minimize the risk of legal disputes and create a positive rental experience.

Conclusion

In the rental business, as in baseball, it’s essential to know when you’re within fair territory. Understanding which questions are acceptable and which are prohibited can be the key to maintaining a lawful and efficient rental process.

Need Legal Advice?

If you’re a Landlord or Property Manager in California looking for guidance on rental applicant screening, our team is here to help. We provide personalized advice to ensure you’re following the right steps while protecting your interests. Whether you have questions about permissible inquiries or need assistance with landlord-tenant matters, we’ve got you covered.

Contact us today at (619) 546-7880 for a consultation to discuss your specific situation and learn how we can support you in managing these requirements effectively.

For more details about how we can help you, read more about our Landlord/Tenant services.

Disclaimer: The information in this post is considered attorney advertising under applicable California Law. The contents of this post is for informational purposes only and is not legal advice. The information may be incomplete or out of date. No representations, testimonials, or endorsements on this web site constitute a guarantee, warranty, or prediction regarding the outcome of any legal matter.

Potential Downside of AB1033

While AB1033 offers several benefits, there are some potential downsides:

• Increased Property Taxes – Selling ADUs as separate units may lead to higher property taxes for homeowners.
• Community Impact – The increased density could strain local infrastructure and services.
• Regulatory Complexity – Depending on local ordinances and building codes, homeowners may face complex regulations and approval processes.

How does AB1033 affect homeowners and buyers?

Looking ahead – a more balanced perspective

While the future is uncertain, historical context suggests San Diego’s housing market is likely to experience short-term fluctuations rather than the boom-and-bust cycles of the past. The city’s unique economic strengths and limited land availability create a market with inherent stability.

Experts in the field, like those at the San Diego Association of Realtors, generally don’t predict a housing market crash based on current market conditions. However, it’s important to stay informed as economic factors can change.

San Diego Home Prices Top National Charts, but Market Shows Signs of Shift

Understanding the Current San Diego Housing Market

Rising Prices Amidst Slowing Sales – What Does it Mean for You?

Reasons Behind Rising Prices

• Limited Inventory – A lack of available homes for sale continues to be a major factor driving up prices. This creates a competitive environment where buyers compete for a limited pool of properties.
• Nationwide Trend – The December data reflects a broader national trend of rising housing prices, although San Diego’s increase is steeper.

Signs of a Shifting Market

• Slowing Sales – Despite rising prices, the number of homes sold in San Diego County significantly dropped in 2023. This suggests a potential cool-down in the market.
• Rising Interest Rates – Higher borrowing costs are likely discouraging some potential buyers, leading to a slowdown in sales activity.

What Does This Mean for You?

• Homeowners – If you’re considering selling your home, current market conditions could be favorable.
• Buyers – The market may be becoming more competitive, so be prepared to act quickly on potential properties. Consulting with a real estate professional can be crucial for navigating the market effectively.

Looking Forward

Need Legal Advice?