Expedited Hearing CA hoa

Question: is your wife a member, i.e., is her name on deed as an owner?

DAVIS-STIRLING ACT
CIVIL CODE SECTION 5855. DISCIPLINARY MEASURES; NOTICE OF HEARING; NOTICE OF DECISION.
(a) When the board is to meet to consider or impose discipline upon a member, or to impose a monetary charge as a means of reimbursing the association for costs incurred by the association in the repair of damage to common area and facilities caused by a member or the member’s guest or tenant, the board shall notify the member in writing, by either personal delivery or individual delivery pursuant to Section 4040, at least 10 days prior to the meeting.

(b) The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined or the nature of the damage to the common area and facilities for which a monetary charge may be imposed, and a statement that the member has a right to attend and may address the board at the meeting. The board shall meet in executive session if requested by the member.

(c) If the board imposes discipline on a member or imposes a monetary charge on the member for damage to the common area and facilities, the board shall provide the member a written notification of the decision, by either personal delivery or individual delivery pursuant to Section 4040, within 15 days following the action.

(d) A disciplinary action or the imposition of a monetary charge for damage to the common area shall not be effective against a member unless the board fulfills the requirements of this section.

(Added by Stats. 2012, Ch. 180, Sec. 2. Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)

As you can see from this law firm link, before an association can accuse you of a violation, it has to adopt and distribute rules and penalties.

https://www.davis-stirling.com/HOME/D/Due-Process-Defined

Your son is not a member of the HOA. I believe the request should come from you the owner/member. You are responsible for whatever your tenant is in violation of. They seem to want to tell you to your face instead of hiding behind paperwork. Your son is in interference of the operation of the HOA no matter what you assign the issue to be.

The HOA is in violation of state law. It is required to state the alleged violation in the 10-day notice of hearing.

Yes my wife is an owner.

The violation only says , (tenant).

Don't be discouraged. It is very common for a board to retaliate when it is criticized. But boards like that usually make a lot of legal mistakes.

Please forgive but your son is not a member of the HOA. Has no standing nor voting rights. Honestly they need to keep their mouth and opinions out of the HOA Business. Plus stop using your son to hide behind. Which have a feeling is the dynamic here. If my tenant related to me or not got involved in HOA business I would tell them to stop. It is not their lane.
Plus I'm want to add you are assigning the situation to be in retaliation. You determined that. A garbage can left out on a Sunday is still a can left out on Sunday when rules say must be hidden by Saturday. Someone gets a violation for that you going to say they are targeted? Now every violation is?

Sorry but this battle is you the owner whom has right to vote and get documents. It is not your son. The HOA is not in violation or targeting because of that. TR hat is what you say they are. I say non members have no rights.

I am not attacking anyone. I just do not give terrible advice like you do that gets people in more trouble and debt.

Last time I checked a non member has no reason to be in HOA business. Unless power of attorney they are not members. I do not like non members involved or interrupting HOA business. Period

You are a liar Melissa and a defamer yourself. I have never given bad advise that got someone into debt. Why are you so angry and vengeful? Nobody said the tenant was a member, he is an interpreter. Why do you always manufacture stories when people come here for help?

I wish you worked for me so I could fire you.

Understand I am not trying to be mean in my advice or comments. My intent is to bring out the picture of why the HOA wants your son to stop meddling in their business. They do not have to listen to them. You will find this out if you are elected.

The fact is if you did read and do your research then you would know why they are calling you to the floor and not your son. You can use him to translate. That is your right. However his opinion does not matter.It would be like a dead person bringing in an interpreter who disagrees with the situation. It is not their situation. It is yours

Good luck on running and being elected. However understand you are going to experience an eye opening experience. It is not as black and white as you think. Plus you will find yourself agreeing with your current board you think are mean and retaliating. Enforcement of the rules is never equal, responsive, or met with agreement.

In my opinion as a former long-time board member who's been a part of many violation hearings, you should write back to the board and cite the Civil Code 5855 (b) that states the Board must, in their letter to call you to a hearing, state the nature of the alleged violation.

It's best if you attend given you speak English and, imo, can have a clearer verbal exchange with board members.

So far as I know, the Board does not have to provide any documents to your son. Why don't you get them yourself???

I skimmed your letter, which I guess is to your HOA neighbors? Or is it to people her on this forum? Anyway, one thing to learn is that wooers do not elect boar officers, e.g., presidents, th other directors do.

I'd still like to know why your son didn't give you the violation notices - I he got two of them for whatever reason, why wouldn't he tell you? It's not like the matter will just go away- as Melissa noted, he's not the homeowner. If your wife co owns the house, she could have given you a heads up on all this.

I dont deny the board might be doing something shady - some lie about sending notices to anyone, or send the notice to the wrong address, despite you updating the information three months ago, a complaint ING neighbor lying about everything because he or she has an issue with you and your family for other reasons, and so on. That said if your son's the one they're complaining about, I wouldn't expect them to give him anything - you should have asked for those notices from the start. This is how you build paper trails and know who said what to who and when - that will be important if this winds up in court. Among other things you could show the letter or whatever you gave the board or property manager stating who you authorized to represent you.

By the way, that doesn't remove your responsibility for your tenant's behavior - which is why you need to either get this hearing delayed so you can find out what happened or reschedule what else you have and attend this hearing. You don't want to give them ammunition by trying to say "well, we asked that he attend in person, but he didnt..."

As for translators, I'm not sure I'd trust your son to be truthful in translating what was said to your wife at this point. He didn't or wouldn't give you the violation notices, otherwise, you'd know what was going on. It might be better for her to use a language translator app on her smartphone if she has one

Thank you, Terry, you are correct. The hearing did happen and I have been busy. I will provide a summary of what transpired and answer many questions in one post.

Today has been quite exhausting, but I wanted to share with you the latest developments in my interactions with the HOA. As TerriS6 mentioned earlier, there was no notice given to my son regarding the recent expedited hearing. We typically receive information via email, Townsquare/APP, and the only notice we received was for the expedited hearing related to a violation as a tenant, without prior notification.

To provide some context, the initial notice was sent via APP on December 29, and the hearing dates were posted on December 30 for a session on January 4. However, the physical document reached us on January 7. I had previously raised the issue of not receiving the required 10-day notice as per governing documents, and after pointing this out, a second notice was issued through APP on January 10, with a hearing scheduled for January 25 at 9:50 am.

The hearing itself unfolded in several acts:
Act 1: Initially, there was reluctance to allow my son entry, who was there as a translator. After some back-and-forth, he reminded them of state and federal laws regarding translation services, which they seemed displeased about, urging to "get this over with."

Act 2 - Issues Raised:
1.First offensive violation of not fully stopping at a stop sign.
2.He can’t attend board meetings.
3.Why is he taking pictures of the HOA
4.You still owe a fine for parking violations.
5.Are you aware of everything your son is doing?
6.He’s the one that requested a recall of all board members!
7.What do you have against us!
8.If he’s going to utilize his father's account to communicate with the board, he has to sign as such, not his father.

Act 3 - Responses:
1.Already responded to this and requested video proof and you haven’t provided that yet….
2.He won’t anymore.
3.Because if it’s not for malicious reasons and he’s not entering people’s property there is no issue.
4.As we spoke before you said just paid it when you can, there no late fee…
5.Obviously, he is in contact with us and helps us respond to all your ridiculous violations, that you have still failed to respond to.
6.It was sign my homeowners, the petition by my husband (me), what’s the issue?
7.Nothing personal, but as leaders of the community, you are not fair and consistent with all and then you start retaliating against anybody
that speaks up. My son tried to speak to you, mediate, compromises between homeowners and you told him “Don’t worry about it, they can’t do
anything.”
8.Agree to disagree, but sure.

Act 4 - Board's Response:
1.We will provide it.
2.Ok good.
3.I don’t know about that……
4.Just wanted to remind you.
5.Well, we wanted to make sure the homeowners were informed.
6.We will see about that.
7.That’s his opinion.
8.Thanks

Act 4 - Resolution:
"We will inform you of the board's decision."

The conversations were undoubtedly more detailed, but here's a summary. Regarding my previous writing request, KerriL1, I would like to point out that I have the option to delegate someone to collect documents on my behalf. It's important to clarify that my reluctance to acquire the documents or engage with the board in person is not due to a lack of willingness. If you review the information I provided earlier, you'll understand that my current stance is rooted in principle. I am concerned about the board's specific retaliatory actions against my son, myself, and other community members. It's imperative that a commitment to following rules is upheld consistently, rather than selectively when convenient—a situation that currently prevails.

In response to your last question, my post was intended for this community. It wasn't an attempt to impress anyone but rather a genuine expression of gratitude towards those who offered feedback and advice. The aim was to encourage a positive environment within the community, emphasizing the importance of giving everyone the benefit of the doubt.

Moving forward, I will continue to support and keep you updated on the developments in what I playfully refer to as my HOA's Novel. I hope my writing brought some laughter; that was my intention.
Juan
Also, for those of you asking for this law, here it is and to confirm our governing documents don't talk about this issue, so we default to Stirling act etc.

CIVIL CODE SECTION 5205. INSPECTION OF ASSOCIATION RECORDS.
(a) The association shall make available association records for the time periods and within the timeframes provided in Section 5210 for inspection and copying by a member of the association, or the member’s designated representative.

(b) A member of the association may designate another person to inspect and copy the specified association records on the member’s behalf. The member shall make this designation in writing.

(c) The association shall make the specified association records available for inspection and copying in the association’s business office within the common interest development.

(d) If the association does not have a business office within the development, the association shall make the specified association records available for inspection and copying at a place agreed to by the requesting member and the association.

(e) If the association and the requesting member cannot agree upon a place for inspection and copying pursuant to subdivision (d) or if the requesting member submits a written request directly to the association for copies of specifically identified records, the association may satisfy the requirement to make the association records available for inspection and copying by delivering copies of the specifically identified records to the member by individual delivery pursuant to Section 4040 within the timeframes set forth in subdivision (b) of Section 5210.

(f) The association may bill the requesting member for the direct and actual cost of copying and mailing requested documents. The association shall inform the member of the amount of the copying and mailing costs, and the member shall agree to pay those costs, before copying and sending the requested documents.

(g) In addition to the direct and actual costs of copying and mailing, the association may bill the requesting member an amount not in excess of ten dollars ($10) per hour, and not to exceed two hundred dollars ($200) total per written request, for the time actually and reasonably involved in redacting an enhanced association record. If the enhanced association record includes a reimbursement request, the person submitting the reimbursement request shall be solely responsible for removing all personal identification information from the request. The association shall inform the member of the estimated costs, and the member shall agree to pay those costs, before retrieving the requested documents.

(h) Requesting parties shall have the option of receiving specifically identified records by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that does not allow the records to be altered. The cost of duplication shall be limited to the direct cost of producing the copy of a record in that electronic format. The association may deliver specifically identified records by electronic transmission or machine-readable storage media as long as those records can be transmitted in a redacted format that prevents the records from being altered.

I think you missed the point and didn't properly read all my responses or just ignored them. You didn't nail it actually. Also how is your attitude not just this time, but going back several posts positively helps the community?

"Act 2 - Issues Raised:
1.First offensive violation of not fully stopping at a stop sign.
2.He can’t attend board meetings.
3.Why is he taking pictures of the HOA
4.You still owe a fine for parking violations.
5.Are you aware of everything your son is doing?
6.He’s the one that requested a recall of all board members!
7.What do you have against us!
8.If he’s going to utilize his father's account to communicate with the board, he has to sign as such, not his father."

Do the rules and fine schedule include "not fully stopping at a stop sign"? (a private road not public?)
Do they include "not taking pictures of the HOA" (which would be unenforceable)?
Don't see anything that would be a rule on a fine schedule. And try to prove he was the only resident who didn't fully stop at a stop sign. Rules have to be enforced uniformly. Will be interesting to see how they write it up.

Shelia wrote “Terri might not think so, but people can and do lie or leave out information that turns the situation on its head. She also has ongoing issues with the board in her community - some of it IS their fault, but now its as if she automatically assumes the board is bad and the homeowner is good and that's not always the case.)“

You have jumped aboard another poster’s Defamation Train. If you had read all the court cases and judgments which were ALL in my favor, and if you were aware I have never violated any restrictions or rules or deadlines or anything in my HOA, you would know that ALL the legal issues/problems here were caused by the board.

Shelia

Many first time poster come on here telling their part of the story and or slanting things in their favor and as you said quite often once the fact are known it usually turns the situation upside down. Also, many of them go away when they are being told things they do not like.

It’s not uncommon for people who dislike and violate HOA rules to be advocates for replacing a board. That doesn’t give them a pass from enforcement proceedings.