What are the governing documents for HOA?

Started by FedoreE1 • 3 replies • 1346 views

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FedoreE1 (California)
Posts: 2

Posted:

1.
I would like to know what are the governing documents for HOA in California in order?

we do have By-laws, and we have this clause in By-Laws
SECTION 8: PARLIAMENTARY PROCEDURE. All questions of Parliamentary Procedure shall be decided in accordance with Robert’s Rules of Order.

2.
we have this clause in our By-Laws
(g) Enter into any unit as necessary in connection with construction, maintenance or emergency repair for the benefit of the common area or the owners in common. Any non-emergency entry requires not less than 72 hour notice to the owner and/or occupant of the unit:

The management company entered my condominium without my permission to inspect the sprinkler system using a set of keys I gave it to them in case of emergency (fire, flood etc,
is this violation to the HOA rules and laws, and is it violation to the California Real Estate Licensee Laws? what kind of action should I take beside getting my keys back?

3.
Do we as home owners have the right to attend board meetings?

4.
Do we have the right to get board meetings agenda and minutes?

thank you in advance, you been a big help

CarolR11 (Colorado)
Posts: 2,563

Posted:

Fedore,

It seems like there’s a lot for you to learn about your documents and the CA laws that support them. A fabulous learning tool is davis-stirling.com. Visit it and go to the Main Index, scroll to and click on Governing Documents; click on Hierarchy of Documents.

Robert’s Rule of Order only deal with the conduct of meetings, e..g., motions, votes, etc.

Sprinkler inspections are required, so are part of “maintenance.” If they don’t operate properly, other residences and your common areas could be jeopardized. Ours are bing inspected tomorrow, but our Prop. Mgr. (PM) notified us via elevator & web site postings. You should have been notified, but even if you’d refused admission, your unit could have been entered anyway--with proper notice.

When you gave the PM your key, you should have signed something that says the purpose. It also most likely says that if your do not give them your key and there’s an emergency cause by, say, an overflowing toilet in your unit that affects other units, the HOA has the right to break down your door to handle the emergency. Repairs would be at your expense. For this reason, all units in our 200+ high rise have given a key to our PM except for three.

3 & 4. Yes!! See davis-stirling.com for CA legal requirements re: attending meetings, posting agendas in advance in a public place, and at your written request, receiving a copy of the minutes 30 days after the relevant meeting. There’s no requirement that any of these be given to you personally though. Only members of the board of Directors, though may attend executive session.These topics also should be in (probably) your Bylaws.

GlenL (Ohio)
Posts: 5,491

Posted:

1. Federal Law (limited), State Law, Local Law, Covenants, By-Laws, Rules & Regulations.

2. The Inspection should have been scheduled, but if the Fire Dept. showed up and wanted to inspect they might not have had warning. If you are uncomfortable, get your keys back and ask for an explanation. Theoretically you could have them charged with trespass but why, learn and move on.

3. Yes, except Executive Sessions.

4. Yes

Studies show that 5 out of 4 people have problems with fractions

FedoreE1 (California)
Posts: 2

Posted:

Thank you all

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