Board not following Sterling Davis Act.

Specifically code 13464(a)Improper Deferrals. Deferring maintenance to avoid spending money or raising dues is harmful to the membership because it (i) exposes the association to litigation and potential liability for damage caused by the deferrals, (ii) lowers property values, and (iii) increases the cost of the eventual repairs (which can result in huge special assessments). In addition, it may expose directors to claims of gross negligence, breach of CC&Rs, breach of statute (Civil Code §1364(a)), and breach of fiduciary duties. Under those conditions, the business judgment rule will not protect the directors from personal liability.

I have served several times on the board at our HOA. I am not a new person or novice, but I walked into a situation that I am not sure how to deal with. I took a year off and returned to an available spot upon the board just this last January. Our board already approved the budget for the fiscal year and this was just recieved to all the homeowners. Our board is not maintaining the building despite us having a nice reserve paint is 2 years late, chunks of cement are missing from our buildings over hang on the street side. We have torn worn out tattered window coverings that I read in an email is ok with our board ( this was voted on before I was active. )

I have asked them about the over all maintenance and I was shocked when I was told that this doesn't affect our over all property value and is purely aesthetic! ( 3 out of 4 board members concurred to this! I pointed out the above and the guy who stated this told me "we are on solid ground and have no worries about legalities" I don't think he read the above paragraph which is legal regulations.

I decided to take pictures through out the building and made a kind, gently flyer stating the reserve study guidelines, our current budget approved ( the year 2008 the board voted on $200 for paint maintenance!) and the pictures show what our property looks like from the street. Vandalism, paint chipped, 10 year old paint on building, torn window covereings, chunks of cement missing the list goes on. I made a reference to the above DS ACT and asked, Do you think this building looks good from the street? DO you know where your dues are going? Are you aware your board approved $200 for paint for 2008? If you do not like what you are reading, come to a meeting, run for a position on our board at our annual meeting and make a difference. Make 2008 a motivational, one filled with promptness and desire to act within the laws that govern our HOA. Ask the board to be responsible and act now.... you have that right it's your money, your home, your investment.

These are anonymous and yes, it may sound silly, but our homeowners have no clue about what isn't being done, how to read a budget or even what the davis sterling act is.

Is there anything else i can do besides be the bad guy at the table who keeps insisting on cleaning this place up?

Our building is a 60 unit building. We have reserves in the excess of about of more than $150K

SuzyC,

About the same age as our buildings, and probably in similar condition. Your board of directors really needs to do some work before the building ends up condemmed. I don't know how true, but Ive heard of complexes being condemmed for lack of maintenance, but for lack of money and no one wanting a special assessment, not because the board wouldn't spent it.

We just went thru some major repairs, siding and trim replacement, numberous doors, frames, trim, etc. We're a bit different from you, it is the homeowners' responsibility to do this work. We still face a shortage of funds to really fix the common area elements such as asphalt and sidewalks, trees. etc.

Let me know if you are successful in convincing the rest of the board to do the maintenance.
Jane