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LeslieS6 (California)
Posts: 1
Posted:
We moved into a small (less than 70 houses) gated community. Definitely not knowing what we were getting ourselves into. The HOA president has a control the community ego, that is definitely out for himself. We have heard than when he didn't get elected for the past year, he ended up harassing the board and threatening to sue them if they didn't "enforce the CC&R." So the next election that came by he got on the board again as no one really ran and now is the president again. Now up comes way too many "enforcement signs" mostly for no parking, tow away. Our front community gate is covered and its starting to look like a political campaign is going on around our neighborhood, but no end in sight. What more is that we live in a corner house, so there is a large sign visible from our backyard. Its basically next to our fence and what more is that they added a second sign. Watching them put up a second sign, it became way way too much. We have to have rights because I hate going out into my backyard having to look at that thing, its so tacky. I don't know what to do or what even our rights are. This can't keep happening, he's getting way to much of a power trip to satisfy his needs of "you have to follow the rules" that I'm feeling like I'm in an institution. I obviously don't want to start out voicing my concerns during the meetings (which i don't even think it would do anything) and would rather do my homework and educate myself. Please help?
TimB4 (Tennessee)
Posts: 21,062
Posted:
Leslie,

The first place to start educating yourself is with your governing documents. Read and understand all of them (CC&Rs, Articles of Incorporation, Bylaws and Resolutions (resolutions are formalized decisions by the board and cover things like architectural guidelines, common area rules, etc.).

A good second place to start is with http://www.davis-stirling.com. This site is menu driven and references all the applicable laws in CA.

The third thing to do is attend a few of the Board meetings to see what issues are being discussed and how the Board is functioning. You would be there as an observer only.

KerryL1 (California)
Posts: 14,550
Posted:
In addition to the documents that Tim lists, You also want t read your HOA's Rules & Regulations (it might have a different name). It will have a lot of rules in it. Your CC&Rs also will probably have rules in them. I'm curious to know if this prez is enforcing "real" rules or if he has fabricated some

In CA, there's strict laws about how rules must be made and how they must be enforced. Do as Tim advises. Go to davis-stirling.com and scroll through the MAIN Index to Rules.

Yes, go to meetings as Tim suggests. Are they held every month?

You also might start talking with your neighbors about their opinions of all the signs. And there might be something in your CC&Rs or Rules & Regs that limit signs. The Board must obey these documents too, Not just you homeowners.

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