October 13, 2013 |
Question: I received notice for a homeowners association hearing, stating my 19-year-old son was cited for smoking marijuana in the association's parking lot with some other young people. No police were involved or called by security or management. My son denies the charge. He was cited by an association security guard who himself partakes in the drug culture. As owner of our unit, the "citation" went to me so I attended the hearing. I asked the security guard if he could identify my son and how he knew it was marijuana being smoked as there was no police report or lab tests.
August 23, 2013 |
Question: Looking to buy a home, we found a single-family residence only to learn it had a homeowners association, so we looked at condominiums. Each had different documents. With the HOA fees on top of our mortgage payments, the house and condo became unaffordable. We want to buy that house but don't want to be part of the association. Can we remove it from the HOA? We're not understanding the concept of these developments and associations. We're at a loss what to look for when buying property.
May 31, 2013 |
Question: Our homeowners association is hemorrhaging money at an alarming rate, and the president tells owners he moved all reserve money elsewhere to avoid a potential judicial judgment from attaching it. Under management's influence, he invested it all in an assessment recovery firm, claiming the association receives a very high return on our investment. He said management invests in the same firm. This firm has been unrelenting in its voracious targeting of titleholders utilizing liens, fees, penalties, interest, threats of foreclosure.
April 28, 2013 |
Question: Even with an annual income of more than $2 million, our association is in a big mess. There's a several-million-dollar loan inclusive of our reserve account the association is paying off that has a variable interest rate currently at 6.85%. The association can't touch the reserves because the bank says it's garnisheed as collateral for the loan. The board says we have to pay this money back because the bank is holding our reserve account hostage. If it is borrowed and we can't touch this high-interest money, can the association just give it back?
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.