The plaintiff in this case is in a homeowner’s association in an upscale housing development of California. The housing development consists of a series of townhouses with blocks of shared parking spaces directly adjacent to the homes. The Covenants, Conditions, and Restrictions of this particular development prohibit enclosures of these parking spaces for any reason, because parking set up was designed to allow for tandem parking for the units that have carports. None of the spaces are currently assigned to owners – but they had been in the past. The homeowner’s association allowed the plaintiff’s neighbor to enclose her carport to use as a garage in violation of the CC&Rs. The plaintiff is a disabled woman, and the structure has eliminated parking in front of her townhouse, and has allegedly reduced the value of the plaintiff’s property.
Question(s) For Expert Witness
1. Do you have knowledge of the rules and regulations the CC&Rs govern?
2. Do you have experience working on similar cases?
3. Are you familiar with the Davis-Stirling Act?
Expert Witness Response E-022969
I am a Certified Residential Real Estate appraiser in good standing with my state's Office of Real Estate appraisers. I've been appraising full time regionally for over 20 years. I started my appraising career with my father in 1989 who owned and operated a Commercial Appraisal and Consulting business established in the mid 1960's. I was taught that Ethics, Professionalism, Competency and Quality were necessary elements to be successful in the appraisal business. The lending environment has seen significant changes over the years; however, I have managed to maintain the core values that are the essence of the appraisal profession. I am very familiar with this particular area and project. I see a number of ways to put a value to the effect of the garage on the property. One thing that comes to mind is that the defendant was allowed to put in this structure and others in the development are not allowed to do similar things. What ever value his property gained from the GLA is what everyone else in the development should be given. There is also the loss of parking which I believe can be quantified as well.
About the author
Joseph O'Neill
Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.
