January 20, 2013 |
Question: My homeowner association board acts with impunity because, the members say, they "can. " The reason the board gave me for its untenable actions was that "a person serving on an HOA board cannot be sued. " Is that so? Answer: There is no law in California that prevents an association's board of directors, the association or even its employees and vendors from being sued in any court. Whether or not such lawsuits are justified is decided by the court. The board cannot act with impunity merely because members believe they "can," and efforts to do so usually result in the board's removal or a lawsuit.
December 23, 2012 |
Question: I recently was elected to the board of directors of my homeowners association. I was surprised to learn that rather than conducting board meetings with an agenda and homeowner attendance and calling executive sessions, the board regularly makes decisions via email — not an Internet conference, but simply emails. The manager initiates emails to all board directors with an issue or question and requests a majority decision. As soon as she obtains one, she acts on it. It's unclear whether all directors even read all the emails.
September 23, 2012 |
Question: What happens if no one runs for the board and we can't get anyone to serve? Does the state take over? Who if anyone puts us in receivership? How do those actions affect all of us titleholders? Answer: Although common interest developments are state-created entities in law, the state has no interest in taking over their operations. There is no state agency that would initiate a "takeover" of a privately owned common interest development with a homeowners association. When there are no directors to serve on the board, there may be two alternatives.
September 9, 2012 |
Question: I own a town home in an association that has a couple of hundred unit owners. We have a current liability of more than $1.3 million but only $180,000 in the actual reserve account. At the last meeting, the board handed out an article stating that associations are not required to have reserve accounts. Board members used this as proof that we did not need to fund the association's existing reserve account or have a reserve. Our CC&Rs, however, state that we must have a reserve account.
September 8, 2012 |
A Kentucky doctor accused of shooting and killing one person and seriously injured another during a homeowners association meeting in Louisville pleaded not guilty Saturday. Mahmoud Hindi awalked into the meeting at a local church late Thursday and stayed for a short while before he pulled out a gun and began shooting, police said. Hindi tried to leave but was stopped by two people in the room, Louisville Metro Police Lt. Barry Wilkerson said at a news conference Friday, which was posted online by the Courier-Journal.
August 19, 2012 |
Question: My homeowners association has contracted with the same attorney firm on retainer for more than 25 years. The attorney also receives 40% of any money collected from dues and fines, and the association is demanding more in settlements to recoup its attorney expenses. In response to questions of this practice at a board meeting, the president said that "we have no choice in this economy due to the high number of delinquencies but to use the attorney's services, and all HOAs are doing this now. " Many of my longtime neighbors are walking away from their homes because they can't meet these higher re-payment demands by the board.