resident vs non-resident owners.california

do non-resident owners forfeit the use of common areas when the unit is rented, specifically storing personal furniture, remodeling supplies. etc? we have a board member that has changed locks on doors to store his own items but lives in another county.

Do you mean a common area or a LIMITED common element?

Something like a locker or a parking space (when defined as a limited common element) would be for the use of the unit. The owner would have to settle with the tenant who gets to use it. But no way does it revert to the association.

Give us a better example. Is this a storage closet? Entire common building? Try not to be so vague.

This is a community room. It used to have a pool table in it but when the building was converted to condos the room was locked and not used. It has a kitchenette and could be used for meetings (or another pool table) but no one has access.

Now that you have clarified the situation more Maxine, my opinion has changed signficantly. This is common area owned by the HOA. It is NOT exclusive use area like a storage shed or parking space. This is SHARED space. I would now say that the HOA has a right to go to the court and evict the board members stuff out of there. Plus be able to change out the locks. This area is owned by ALL the members since it is HOA property. The HOA may need a lawyer to represent them in court on this matter. However, I believe they should give up their key and remove their stuff out of the area. It isn't a matter of them being a non-resident. It's a matter of using space that isn't exclusive. It's inclusive.

Are you on the board, Maxine? Do you have a property manager? How many directors are there? Do all directors support this guy who commandeered your common area? What I'm trying to learn is if you'd have support from the board or PM to write a letter to him telling him to remove his stuff within 30 days, or the association will have it removed at his expense.

Indeed, since the room in question is common area, I see no reason why the Board or property manager cannot have the lock removed.

if you'd have no support from the board or PM, are there many other homeowners who, like you, who agree that the room should be returned to all of you? Sounds like it could be a nice room! Get your request to return the room to all residents on the next agenda. Gather a bunch of homeowners together to go to the next open meeting and demand, yes, demand that something be done about the situation. This director's arrogance should not be tolerated.