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Started by MikeW22 • 10 replies • 710 views

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MikeW22 (California)
Posts: 4

Posted:

Hello: My current Board is managed by the developers of my common interested development. The developers have sold all the lots, and now want to resign, and hand off the HOA to actual owners.

I'm interested in running for the HOA Board, but I am arguably in violation of the CC&Rs due to my use of the home as a short term rental for the past year.

I want to get on the Board to avoid fines and punishments that a new Board may levy against me.

Can the existing Board (i.e. developers) still nominate me onto the Board?

This is in California.

Thoughts?

BenA2 (Texas)
Posts: 1,273

Posted:

Happy trolling

JohnT38 (South Carolina)
Posts: 1,631

Posted:

Quote:

Posted By MikeW22 on 04/28/2020 3:40 PM
Hello: My current Board is managed by the developers of my common interested development. The developers have sold all the lots, and now want to resign, and hand off the HOA to actual owners.

I'm interested in running for the HOA Board, but I am arguably in violation of the CC&Rs due to my use of the home as a short term rental for the past year.

I want to get on the Board to avoid fines and punishments that a new Board may levy against me.

Can the existing Board (i.e. developers) still nominate me onto the Board?

This is in California.

Thoughts?

No disrespect, but I hope not. If you are not willing to take on the fiduciary responsibilities of being a Board member then you have no business being on the Board. As a Board member you have to follow the governing documents or change them legally. If your motive is to avoid fines and punishment you simply don't belong on a Board.

MikeW22 (California)
Posts: 4

Posted:

Thank you for the serious response. Is there any specific legal authority that would prevent me from serving on the HOA Board in California?

AugustinD
Posts: 5,144

Posted:

Quote:

-- Check your HOA's Bylaws. Most likely they say you must be elected to the board via a membership vote.

-- In California as of January 1, 2020, a HOA member may be in violation of the CC&Rs and still be qualified to be on the board. See https://www.davis-stirling.com/HOME/Candidate-Qualifications

-- As for avoiding fines and punishments: If the new board votes not to enforce the covenants (against you or anyone else), then it is in violation of California law.

-- Short term rentals are a hot topic nationwide. Generally whether a Board can create rules prohibiting them depends on the wording of the CC&Rs.

BenA2 (Texas)
Posts: 1,273

Posted:

Being on the board does not mean you avoid fines and penalties. In fact, it places you in a position where you will be scrutinized more. Also, you would not be able to vote on anything involving your own violations and other board members might hold you to a higher standard, not lower.

KerryL1 (California)
Posts: 14,550

Posted:

Agree with Augustin & Ben.

But see your Bylaws, MikeW. When does the HOA get turned over to the membership? Once that happens, all of the board will be Owners, not the developer. And all owners will vote for you. Meanwhile whoever comprises the Board may call you to hearing fine you, etc., whether or not you're on the Board.

Btw, why do you say you "arguably" violated the CC&Rs?? What's the debate?

GeorgeS21 (Florida)
Posts: 3,808

Posted:

“I'm interested in running for the HOA Board, but I am arguably in violation of the CC&Rs due to my use of the home as a short term rental for the past year.

I want to get on the Board to avoid fines and punishments that a new Board may levy against me.”

Please let me know the name of the HOA so I can notify them of your intent ... perhaps it will help any potential future lawsuit against you.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Ha! If you get put on the board, being in violation of your CC&Rs will be the least of your problems. (Think lawsuits for violation of your fiduciary duties as a corporate director.)

And people wonder why HOAs have such a bad reputation...

SashaE1
Posts: 110

Posted:

Quote:

Posted By CathyA3 on 04/29/2020 5:12 AM
Ha! If you get put on the board, being in violation of your CC&Rs will be the least of your problems. (Think lawsuits for violation of your fiduciary duties as a corporate director.)

And people wonder why HOAs have such a bad reputation...

How does a lawsuit get initiated against a Board Member for violation of fiduciary duties? There’s two Board Members that shouldn’t be on the Board and create a mess for everyone else. No one on the Board seems to care to do anything about their actions.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Sasha already has a thread started on this topic.

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