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California HOA Board Misconduct & Criminal activity

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ruberry

Junior Member
What is the name of your state (only U.S. law)? CA

1) This is a condo. Owners unanimosly voted down additional security. However, the Board proceeded to conduct 2 safety assessments and added additional security anyway. This resulted in 89% HOA increase. Is the Board allowed to make major changes against the majority homeowners' vote?

2)Can homeowners recieve back some of this expense from the Board since the additional security was placed against the majority vote?

3)One homeowner threaten to sue the Board for not adding additional security. Would this be a legit suit? Would the cost of the ligitaion be drawn from the buildings reserves or from Board members themselves?

4)Would E&O insurance protect litigation against the building and or the Board?

5)Larger units pay similiar HOA fees as smaller units resulting in unequal share of costs with the larger units benefiting from the same services while paying much less. How can homeowners adjust the HOA fee by square footage

6)Property management and Board president claims that no owner may obtain contact information from the Board record or property management and are not allow to use it for solicitation during election. Is this true? It is not in the CCNR. The Board president, however, have always called selected homeowners in an effort secure votes. Is this misconduct?

7)Property management refuse to surrender copies of contracts and agreements pertaining to the building citing that they need permission from the Board. Do homeowners have right to access these documents or is approval needed from the Board? Is a specific legal clause citing this?

8)CCNR states that units of the building may be used as home office, but not as business. The Board vice president has been operating a gallery showroom since 2006. Can he be removed from duty? Can fine be imposed for violation and misconduct? Can fine be imposed since he demonstrates a motive for adding more security and benefits from it more than other homeowners? Can the Board president be accountable as an accomplice given that he is expected to know the policies of CCNR and the actions of the Board vice president?

9)Board actions have resulted in significant increase in HOA fees, resulting in foreclosure and unsuccessful sales. Homeowners cannot afford a private attorney, but would like to have the city government involved since the city has a stake in the value of the building through a Below Market Rate unit. Investigatin and audit of Board activities, records, documents, or the lack of. Where and who would the appropriate office to handle this? (city attorney said it's not his)
 
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HomeGuru

Senior Member
What is the name of your state (only U.S. law)? CA

1) This is a condo. Owners unanimosly voted down additional security. However, the Board proceeded to conduct 2 safety assessments and added additional security anyway. This resulted in 89% HOA increase. Is the Board allowed to make major changes against the majority homeowners' vote?

**A: yes depending upon the rights conferred on the Board through your condo docs.


##############

2)Can homeowners recieve back some of this expense from the Board since the additional security was placed against the majority vote?


**A: probably not, especially if the Board agreed to provide security to protect the residents and property and based on previous history of problems.


##########

3)One homeowner threaten to sue the Board for not adding additional security. Would this be a legit suit?



**A: don't know. But lawsuits against Boards and HOA's are very costly and hard to win.


########
Would the cost of the ligitaion be drawn from the buildings reserves or from Board members themselves?


**A: the Board would vote to have their legal expenses paid for by HOA funds.

#############

4)Would E&O insurance protect litigation against the building and or the Board?


**A: E&O insurance does not cover buildings. D&O insurance may cover but in this case it does not appear that the Board committed an error. It may be the contrary where the Board took steps to protect.




############
5)Larger units pay similiar HOA fees as smaller units resulting in unequal share of costs with the larger units benefiting from the same services while paying much less. How can homeowners adjust the HOA fee by square footage



**A: the calculation of percentage of common area should be so noted in the condo docs. Read your By-Laws and Declaration.


##############

6)Property management and Board president claims that no owner may obtain contact information from the Board record or property management and are not allow to use it for solicitation during election. Is this true?



**A: no.



#######
It is not in the CCNR. The Board president, however, have always called selected homeowners in an effort secure votes. Is this misconduct?


**A: no. This is America.



###########

7)Property management refuse to surrender copies of contracts and agreements pertaining to the building citing that they need permission from the Board. Do homeowners have right to access these documents or is approval needed from the Board?



**A: ask to see the rules and regs to support their standpoint. Some contracts and info are confidential ie. contract with employees, contracts involving legal matters etc.

###########
Is a specific legal clause citing this?

**A: maybe



##########

8)CCNR states that units of the building may be used as home office, but not as business. The Board vice president has been operating a gallery showroom since 2006. Can he be removed from duty?


**A: only following proper protocol.

#######
Can fine be imposed for violation and misconduct?


**A: no unless your condo docs state otherwise.



######
Can fine be imposed since he demonstrates a motive for adding more security and benefits from it more than other homeowners?

**A: no


#####
Can the Board president be accountable as an accomplice given that he is expected to know the policies of CCNR and the actions of the Board vice president?

**A: no


#######


9)Board actions have resulted in significant increase in HOA fees, resulting in foreclosure and unsuccessful sales. Homeowners cannot afford a private attorney, but would like to have the city government involved since the city has a stake in the value of the building through a Below Market Rate unit. Investigatin and audit of Board activities, records, documents, or the lack of. Where and who would the appropriate office to handle this? (city attorney said it's not his)

**A: good luck getting help from the government.
Did anyone tell you the CA government is broke?
And the US is owned by China.
 

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