Board conducts common area work but excludes Homeowner

This past weekend our HOA BOD conducted painting on property to fix cracks in HOA common area walls unbenowst to me. The painter entered each units exclusive use patio area to conduct repairs/painting except for my unit. They repainted one-half of a wall outside my unit facing the master patio and no other areas of my unit was painted even though for 1.5 years I have indicated in writing that I have major cracking occurring on the walls inside my exclusive use patio's. I have the largest unit in the complex and have two patio's where the other owner's only have one patio. They also repaired and repainted a gutter on another unit but did not repair a gutter with same paint pealing issue that is attached to my unit.

First is that no meeting was held to discuss spending of money on painting, if so required?
Two, each homeowner had to be informed in writing that their patio's were being entered along with posting of work being done in common area - I was not informed.

I only found out about all this because the painter asked to enter my patio to go on the roof to access the attached other units gutter.

Oh big note: I think this is retribution because I have a pending Small Claims action against the HOA that is to go in front of the Judge this Wed.

I'm in California.

Thus, the question is what legal standings do I have in this situation? The HOA will not hold a Board meeting, see other posts, so I won't be able to get this issue addressed.

It seems to me that the BOD is acting in their own self interest and thus may be violating our CC&R requirements to maintain the property not just selected unit owners property.

Thanks,

David,

Perhaps the Board instructed the painter to not touch your unit because of the pending legal issue. Going to court may be the holdup on their part. They may have been instructed by their legal advisor to cease any improvements on your unit until this has been settled legally.

Do you attend all meetings so that you know that there was no discussion of the painting expense? Perhaps it is on the annual budget, a line item for repairs or something that would cover the cost? You know that in most HOA's, the members do not approve the annual budget so maybe you missed that part?

I agree lawsuit should have no bearing on common repairs unless its some form of retribution due to the lawsuit.