Amendment of CC&R

I'm a commercial condo owner who requested an amendment to the CC&R to clarify right of access in the CC&R for re-modeling.

Background is I want to remodel my unit and need access to do plumbing work in the floor of my second floor unit but my neighbor refused access. I went to the Board, and the Board consulted the attorney and confirmed that our CC&R is not clear on this access so the Board approved the amendment to go through all homeowners for the vote.

The Board has received the ballots and cancelled the vote opening session last week as my neighbor who refused access now threatened to sue the HOA if they opened the ballots and the amendment passed

Doesn't the Board have the duty to open the ballots? There are four board members so we need three to be present to open the ballots to have a majority/quorum. One board member is overseas for three months. Two board members (being influenced by ny neighbor) seem to be changing their minds and don't want the ballots opened and are not reachable. So, I only have one board member who can open the ballots.

What are my options?

So, you mean you need three to comprise a quorum so that the board can meet to tabulate the ballots, right? Surely the Board doesn't believe that they'll be sued if they open the ballots! though maybe they could be if they didn't conduct the election legally.

But in CA, there must an inspector of elections (or 3 inspectors of election) to count the ballots; any owner may watch the counting. Since you don't mention inspectors, it might be that your election wasn't conducted legally in the first place. See davis-stirling.com and scroll the Main Index to Elections.

The other thing is: what % of owners need to approve the amendment to the CC&Rs? Usually it's very high, e.g., 66% of all eligible voters or even 75%. Are there even enough ballots? Who has these ballots?

Anyway, it doesn't look good for you. PitA, in his own pithy way probably is right. You're going to need to pay an attorney to try legal action.

I do remember all of your posts on this topic previously. Did they end with posters suggesting you get legal advice?

Ken

Because you live in a commercial CID, the election rules that apply to HOA's in California do not apply to you. Pretty much the rules that govern HOA's pretty much doesn't you any longer.

Essentially, and this might sound a bit harsh, but you can pretty much "put your head between your legs and kiss your butt goodbye"

Two suggestions... The first... I would get a bucket and pour it on my floor. Flood it if your upstairs from your neighbor. I guarantee you they will let you in once they see ceiling damage...

Second, I agree with Larry and your HOA is chicken and lawyer dependent. Suing your HOA is suing yourself and your neighbors. So threatening a lawsuit is just an intimidation method. I never knee jerked react or bowed down ro such threats. Not even a lawyer consult. Waste more money and time doing this than leting them sue. Simply tell them to see ya in court and file a countersuit. It is cheaper for a lawsuit and can be filed for anything as well.

So I would suggest following through with the change process of your rules. Most changes do not require board approval but majority of homeowners. The board is to pay for the filing of the change and costs. However, that does depend on your documents on rule changes acceptance.

It was a joke about the water bucket. Which I thought was pretty obvious. I find these type of people who refuse access to help a neighbor out and threaten so sue tend NOT to have an issue when damage happens to them. Funny how the first drop of water in their unit will have them at the HOA demanding the HOA do something and change the rules. Besides, the OP insurance would cover such damage and thus force the entry of someone to come repair it... Who may or not be the OP plumber...

No seriously, the rules need changed and thus follow the process. There may be others with a similar issue.

Tim,

It won't matter. They guy below Ken is not going to allow access until the Sheriff shows up with a court order regardless of how the amendment turns out. Since this is a spineless board, Ken is on his own to get that court order.

If it was me, I would drill a hole through the floor for the new toilet and drain it into the space above his ceiling panels. Then I would give a few good flushes.

Thank you Kent for writing this ... I can't help you but it adds to my list of reasons why I will never buy in a HOA again ... Your issue is certainly one I never would have thought of, and it's another instance of when/if you have a BOARD who doesn't like you they can easily control what you can and cannot do. I'm sorry that one of our fellow posters suggested you just up and move. That is never a feasible answer and anyone can run into virtually the same problem again. My thoughts are honestly with you on this. The only suggestion I have is to get an atty and hopefully you can get your legal costs reimbursed.

Larry, I agree.

I was just trying to give Ken some options based on his question.