Q: We are having issues with our homeowners association. There is a large tree nearby that drips some kind of brown gunk on our wall, which is painted beige. The association says it “treated” the tree but it did not help, and our wall is badly stained. Suggestions?

— K.M., Redondo Beach

A: Check to see if your association’s rules, or the Covenants, Conditions and Restrictions (CC&Rs), have an internal dispute resolution process (known as IDR). Many Associations do, which is to provide an informal way to try to work-out problems between home owner and the association. If there is no such provision, the Davis Stirling Act (which applies to Homeowner Associations in California) has a provision on point, Civil Code Section 5919. Pursuant thereto, you make a written request for a meeting, which the Association is required to attend (sending one or more representatives). If a resolution occurs, it is put in writing, signed and is binding.

If that does not work, your choices narrow. How much will it cost to fix your wall? Would filing in Small Claims Court make sense? I realize you may have to go (and go again) each time your wall is stained. Another option is a lawsuit in Court requesting that the Association fix the problem, which constitutes a nuisance, and which might mean the tree has to be removed. If you prevail in that case, you may be able to seek recovery of your attorney fees and costs. Another option is to make demand in writing, and encourage the Association to submit your claims to its insurance coverage.

Q: Can the homeowners association prevent me from installing video cameras?

— J.D., Santa Clarita

A: If the video cameras are on your property, not on the common area, you should be able to install them. They are not, however, to be pointing at a neighbor’s windows. It is advisable to check to see if your Association has a rule or process that has to be followed before the installation (eg., approval by an Architectural Committee perhaps; again, just something to check and, if so, to comply with).

Q: Can the homeowners association stop me from smoking on my balcony or in my unit?

— M.S., Lake Forest

A: Smoking is not a fundamental right. Bottom line: Associations generally can restrict smoking, in the common area, on balconies, and even inside the unit. If such a restriction exists, it must be set forth in the association’s CC&Rs or operating rules. Smoking can be considered a nuisance which is not to be tolerated.

Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.