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MichaelB32 (California)
Posts: 141
Posted:
Our Association consist of 40% off site owners. 50% of the residents are renters. Our Board is emotional and is becoming unreasonable. They passed a resolution baring non residents from holding office. They have removed the two previously erected sign posts that were visual from public streets that were used to advertise property for rent, sale or lease. They have told members to use the internet or post notices at the mailboxes which are inside the complex. If members put up signs, they remove them-even from the outside public streets. This will have the effect of reducing the perspective tenant pool. This will lower rental prices with the outcome of lowering property values. Our Association is in California which fall under our Civil Codes 712 and 713. From these two codes, I believe they are breaking the law. What are our legal options to have the Board's policy revoked and how should one proceed? What might be the cost? Cans this be a "Class Action" since several property owners are affected. Whatever that means?

Michael Barto
[email protected]
RichardP13 (California)
Posts: 1,767
Posted:
I will address one issue right at the beginning of your post, barring non-residents from holding office. Unless it is in your CCRs and or Bylaws, it is illegal for them to pass a resolution to that effect.
MichaelB32 (California)
Posts: 141
Posted:
Qualification is another issue. That is already in another discussion. http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/174414/view/topic/Default.aspx My question is how do I proceed get then to revoke the sign issue. Is this really illegal? An attorney letter? a class action suite? small claims, what? ?

Michael Barto
[email protected]
BruceF1 (Connecticut)
Posts: 2,535
Posted:
I will echo Richard's comment. Usually the CCRs and or the Bylaws specify the qualifications for board membership. The board has no authority to change the qualifications by merely passing a resolution. The qualifications for board membership can be changed only by amending the appropriate document in the prescribed manner.

It really irritates me to learn of boards who don't understand or adhere to the association's governing documents. They would prefer to make up their own rules as they go along, just as children do when playing games.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
As for the sign issue, the posting of signs within the community must be in accordance with your governing documents. As for posting signs on some other person's private property, as long as that person doesn't mind, the board has no authority to remove it and, in fact, they are trespassing to do so. If it's public property, again, the board has no authority, but the public authority that owns the property does.

If it's other private property, only the owner can enforce not removing the sign. If it's public property, you probably need permission or the public authority may tell you that you can't post signs there anyway. In that case, the question is moot.
RichardP13 (California)
Posts: 1,767
Posted:
Below is a link to an attorney's website that has an opinion on the subject of signs.

http://www.davis-stirling.com/MainIndex/RealEstateSigns/tabid/1705/Default.aspx#axzz38DKVXjcJ

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