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Posted By ElainaC on 11/09/2012 4:46 AM
We have requested a hearing and produced all documents at the hearing. We had copies of everything we submitted and had all the written approvals for all upgrades from 2008 - 2009. The Pres (outside of the Board) says the original documents are not good enough. He wants us to resumbit on his new forms so he and his Board (hand picked golf buddies) can come onto our property inspect what we built four years ago and tell us to tear down a shed, custom brick walkways, a vegetable garden, fruit trees and a two french tea rose gardens which have all been installed on the property since 2008. We have built nothing which was not approved in content and color for the community. Nothing was built outside the community paint scheme, brick scheme or planted any tree which was not already on the property or without prior approval.
The Pres is fining us and threatening lawsuit because we will not resubmit documents on his new 2012 forms after we received written approvals in 2008 and 2009. He had even told us if we attended the hearing and produce all that we had to help rebuild his computer database that the fining and notices would stop but copies of the written past approvals where not good enough for him. He wants to reinspect what we built four years ago and make us tear it down because he owns the property on the plateau above us and can see down into our backyard and we beleive it obstructs his veiw of the forrest below.
We did not build anything other than what we submitted for and received approvals for. It is beyond me how a Board can lose all the documents for the entire community but yet I am the only homeowner who is being forced to resubmit documentation after we received written approvals and even built approved upgrades four years ago.
How can a homeowner be sued by the Board for not assisting them in re-building their computer database of Architectural Documents when it is their duty to maintain and keep documents. Especially when this Pres fired the Management company, signed a receipt for all documents and did not check to see whether the community arch reveiw, plans and approvals for the entire community were in the boxes of documents turned over personally to him. He has not even admitted this fact to the other homeowners. Shouldn't this be his duty to inform the homeowners of the loss?
Check your local/state and CC&R regarding fines. Did you request a hearing in writing?
Did the board follow all the required steps to fine?
What are the legal requirements (state and CC&R) for fining? By this I mean, was it on an agenda at a meeting that met all the state and CC&R requirements?
We were also threatened with fines. We asked if the board could produce the rule/CC&R, but they could not.
If the president signed for the documents, then he is responsible for them. You are not.
Fining is a matter for the board to decide and they must follow their own rules in order to do so.
Further, look to see what your state/CC&R say regarding arbitration/mediation. Before you get to a lawyer, you might be able to save money this way. In my area (Los Angeles), free arbitrators are provided.
If you know and understand your state laws and CC&R requirements, then you should make a written challenge. I would go in this order:
1. When did your unit become a topic in the board meetings?
2. Ask to have the meeting minutes provided for that meeting.
3. Did the board to due diligence: search for the documents and without the documents, did they ask the former board members who approved? Did they look and find the minutes?
4. Question why you were not informed that this was the topic of discussion at a board meeting?
5. Are other members being challenged for approved items? If not, why? If so, who?
6. Ask to have the meeting minutes produced for the meetings where your work was approved. Once you make a written request there should be a time limit for the production. If the board refuses check to see if you can take them to court for production of documents. In California, you can go to small claims court for document production. I could request a copy of the document the president signed with the former management company to indicate possession.
Also check the statute of limitations or better yet, ask the board to find it as part of their due diligence and tell you what the statute of limitations. You can then ask your fellow neighbors if they have anything that is still within the limitations that might become a topic of this board.
The board needs to answer these questions and requirements. Further, if the board voted on this investigation, you would want to see how the voting went. Voting record should be a part of the minutes. If you can show who on the board was voting to do things that aren't legal, you have plenty of ammunition for a recall of those members.
We were asked to attend a hearing, but the board didn't meeting two of the four requirements (state and CC&R). We did not attend because in attending we would have recognized the legitimacy of the hearing. We asked for meeting minutes and newsletters prior to the hearing. The board refused to provide the documents. They had a hearing. We were "fined" but refused to pay. They took us to court. They lost. I should add that the board committed fraud by requiring a fine that was well over the actual cost of their "repairs."
If the board fails to meet requirements for a hearing/meeting and you attend, you must voice a formal protest and this should also be listed in the minutes. If it is not listed, you should also give a written objection.
I noticed you have conversations. When things get to this level, you need a paper trail. After every conversation, follow-up with a letter/email. The letter should be addressed to the board.
I would wait for the board to take you to court to collect your fines. In California, it would be small claims. If you have requested (formally and in writing) documents, and the board has failed to produce, this gives you a stronger position in court when they take you regarding the hearing and fines. Be sure to also have a copy of the hearing minutes and if you see some discrepancies, make a written objection and send it to the board secretary.
We also followed all the rules but some boards feel they are above state laws.