January 15, 2012 |
Question: We are a small homeowners association over 35 years old. As original owners sold their units, our association demographics changed. Our association is now composed of various cultural groups speaking several different languages and dialects. The majority of current owners cannot read our covenants, conditions and restrictions and other governing documents. They show no interest in the association. As a result, we no longer have a board of directors. The last board meeting minutes were published just before the secretary sold his unit and moved away last year.
December 18, 2011 |
Question: I requested copies of association board meeting minutes from 2007 and the association's attorney wrote me that because the management company started working for us in October 2007, minutes before then are not available. Despite the change in management, isn't the board supposed to have these? Answer: Civil Code Section 1365.2(h)(i)(2) provides that "minutes of member and board meetings shall be permanently made available. " Effective Jan. 1, 2007, the association must also keep the minutes of any committee with decision-making authority.
December 11, 2011 |
Question: I requested copies of our budgets and minutes for several years back. The association's attorney wrote me: "The costs for copying and providing the pro forma operating budgets for 2008-11 and minutes of annual meetings of members and open board meetings for those years is twelve cents ($0.12) per page and $55 per hour to locate and copy the documents requested plus postage, unless you wish to pick up the documents at management. Management estimates copying charges of $40 and clerical charges of two hours or $110 to provide these documents.
November 27, 2011 |
Question: We have been renting a condo and are in the process of buying it from the owner. My husband went to a board meeting to complain about the speeders on the association's road in front of our condo. We made the board aware that vehicles speed down the street in early-morning hours going two or three times the posted 15-mph speed limit. We asked the directors if they could install speed bumps where this is occurring. The board said no. The meeting minutes reported: Renter "expressed his concern about cars speeding in the streets by his home.
November 13, 2011 |
Question: A couple of our board directors are alcoholics. Because of their director positions they are able to enter into contracts, negotiate with potential vendors and decide what maintenance projects should take place. They have entered into agreements and signed contracts while inebriated, then not recalled signing the contracts. They don't recall conversations and promises made to certain owners, vendors and management. Other board directors learn of the contracts too late to rescind them.
November 6, 2011 |
Question: The president of our homeowner association sits next to the property manager at board meetings, and the manager runs the meeting. She answers questions that owners ask the board and interprets the CC&Rs and bylaws. The property manager is the only one sitting at the board meeting that is aware of incidents occurring at our development. There are many incidents that happen in our complex that the board never hears about because most owners have a dialogue with the manager instead of the board directors.
October 9, 2011 |
Question: Is there anything in the Davis-Stirling statute that requires minimum reserve funding and a professional reserve study? Answer: There is no requirement in the Davis-Stirling Act (DSA) (Civil Code sections 1350 to 1378) that associations create or maintain reserve accounts in any amount. The DSA does require that associations with existing reserve accounts, regardless of the amount, provide titleholders with all of the information detailed in Civil Code section 1365.
September 11, 2011 |
Question: I've been living in my desert area unit only five months and problems never cease. People keep climbing over the 6-foot fences outside my window, the drive-in security gates are left open for hours at a time with no one watching the entries and locks on gates don't work. When I brought these issues to the board president he refused to listen. Since then, notes have been left on my car saying: "We don't like your dirty car — wash it!" About 70% of the units are rented out, and the majority of owner-occupied units belong to elderly individuals who do not participate in association affairs.
August 28, 2011 |
Question: My small homeowner association is self-managed, and all board directors are homeowners and volunteers. There is no property management company. The board treasurer does all the association's bookkeeping and is audited by the other directors and a licensed certified public accountant yearly. As payment for the bookkeeping, the treasurer has been exempt from paying monthly association dues. These bookkeeping duties are not offered to any other homeowners. Is this legal and in compliance with the law?
July 3, 2011 |
Question: Our board keeps imposing assessment increases and owners can't afford it. Regular monthly assessments are raised indiscriminately. Owners have no say in these increases. When board members are questioned they say the association attorney told them they could raise the assessments whenever they want. Can they do this and what are owners' rights? Answer: Boards can increase assessments without a titleholder vote as long as they follow the law. Civil Code section 1366 provides for such increases.