HOA Dispute regarding CC&R

Started by EmmyM • 8 replies • 482 views

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EmmyM (California)
Posts: 1

Posted:

I am a home owner and HOA member in our condo community in Los Angeles. I have an open dispute with the HOA board for the last 8 months regarding repair and maintenance of the deck that is attached to my unit. The CC&R clearly says that the deck is an exclusive use common area but the HOA board continues to dispute this provision. The annual meeting is coming up and wanted to know if this is something that I can bring up as an agenda for the owners forum during the annual meeting to resolve it once and for all.

Any thoughts?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By EmmyM on 04/24/2020 3:39 PM
I am a home owner and HOA member in our condo community in Los Angeles. I have an open dispute with the HOA board for the last 8 months regarding repair and maintenance of the deck that is attached to my unit. The CC&R clearly says that the deck is an exclusive use common area but the HOA board continues to dispute this provision. The annual meeting is coming up and wanted to know if this is something that I can bring up as an agenda for the owners forum during the annual meeting to resolve it once and for all.

Any thoughts?

First, I cannot find anything ironclad regarding a member getting an item on the annual meeting's agenda in California. You can always email the manager and board asking for the item to be put on the agenda. Robert's Rules tends to support the item being placed on the agenda. Davis-stirling.com is a law firm site dedicated to refined discussion of HOA law in California. You may want to start becoming acquainted with it.

Second, if the subject makes it onto the agenda, then a vote by the membership on any motion to be made likely requires that all members be informed in advance of the motion. This will help in their deciding whether to attend the meeting and give their input. If what you want is some sort of amendment to the covenants, then formal procedures must be followed, as given in your HOA's Declaration under the 'amendments' section. I would say that amendments are not normally achieved at annual meetings.

Third, if you describe the board's position, your position, and each side's reasoning a bit more, I think the help you will receive here on this subject may be better. I am betting the sections of your Declaration that discuss 'maintenance responsibility' have a role here.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

So what is the dispute about exactly? It can be exclusive use but doesn't mean the HOA can't tell you what you can/can not do with it. They are in the business of making sure the neighborhood doesn't become an eyesore.

Is this something about also paying for repairs? That may mean your responsibility to do the repairs at your cost the HOA recommends.

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

"Exclusive use common area" doesn't mean the HOA pays for its repair and replacement. It all depends what your CC&Rs say about maintenance and repair obligations. as Augustin suggests vast the webs she cites and look at blanches in the Index. Also Exclusive use common area.

Annual meeting are only for matters that the members vote on and in this case, probably an election of directors. It is a meeting of the members (owners).

You could get in a on an agenda at a board meeting, but what will you show as evidence that the HOA should pay? How often does the board meet? Can you give us a citation from your CC&Rs that say the HOA is responsible? Sometimes they are very vague on this point.

By the way, is your balcony mostly wood?

MarkW18
Posts: 1,290

Posted:

You would need someone to review your governing documents to determine maintenance responsibilities. The older they are, the less favorable they are to the owners.

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By MelissaP1 on 04/24/2020 4:33 PM
So what is the dispute about exactly?

The OP stated it was in regards to repairs and maintainence

Quote:

Posted By MelissaP1 on 04/24/2020 4:33 PM

Is this something about also paying for repairs? That may mean your responsibility to do the repairs at your cost the HOA recommends.

Possibly, but more likely the deck must be maintained by the HOA as per the documents same as all common areas.

LaskaS (Texas)
Posts: 1,025

Posted:

Exclusive use means used by one owner,

if it's exclusive use common area,, your documents will specify who is responsible for what.

In my condominiums.. Exclusive use common areas mainteance and upkeep designations are as follows,.

upkeep and maintenance is the responsibility of the owner who has exclusive use.. however. repairs that are structural in nature are the hoa responsibility.

LaskaS (Texas)
Posts: 1,025

Posted:

here is a pretty good breakdown and explanation of the issue

https://annrankin.com/LOAR_Blog/?p=73

KerryL1 (California)
Posts: 14,550

Posted:

Thanks for the citation re: CA law, Laska. Do note, Emmy, that it all depends on the wording of your CC&Rs, which may be murky

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