A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

Survey for fact finding??

Started by NicoleO1 • 5 replies • 1668 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

NicoleO1 (California)
Posts: 181
Posted:
Our board has had several projectes that the board would like to obtain homeowner input on for informational puposes.

It has been mentioned what we are doing is against Davis Sterling and is illegal.

The documents on all surveys are not used as a "vote" or an action, and only are asking for information desires and via yes and no. Some are being used to see if an subject is even worth looking at.

Owners are well informaed this is for our information only and wished to include them in a potential item or items we are considering. Since this is a non action item non vote item and is , FYI only is it illegal or against DSA to do this? I am perplexed and cant seem to find the informaotin online.

RichardP13 (California)
Posts: 3,868
Posted:
Nothing illegal or improper to conduct a survey to gather input and/or support for a project.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ask the individual who has mentioned that what the Board is doing is in violation of the DSA to please cite the section of the statute they believe the Board is violating, as you were unable to locate it.

Let them show you why you are in violation rather then you spend time trying to prove the board is not in violation.
NicoleO1 (California)
Posts: 181
Posted:
Nothing that I have done or the other board members appears to be a violation. Even if it was it has been done not on purpose. Unfortunately the DSA is comprehensive and even our own managers at times have historically not followed it due to lack of knowledge. If something was done unintentional or unknown it looks alot more different than on purpose.. or knowing of.
PitA
Posts: 1,416
Posted:
Tim's link was not to the actual law, but to a 'major' law firm's interpretation:

QUESTION: We are reviewing our CC&Rs and would like input from members on board priorities, solutions, proposed changes, etc. This will give us an idea whether proposed changes would receive support before we go through the expense of sending a secret ballot. Can we survey members and do we need permission to publish responses?

ANSWER: Yes, you can survey your members and no you don't need permission to publish responses, provided you keep them anonymous.

No Secret Ballot Needed. By statute, a secret ballot must be used for special assessments, election and removal of directors, amendments to the governing documents, and grant of exclusive use of common area property. (Civ. Code §5100(a).) Since a survey does not fall into any of these categories, ......

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement