Management Company Responsibility for Violation

Started by BobM5 • 4 replies • 1619 views

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BobM5 (California)
Posts: 34

Posted:

California code requires that HOA Boards post meeting agendas four days prior to a meeting. Our board does not do so. There appears to be no legal action that can be taken against the board. A recall petition could be circulated, but most homeowners don't give a damn. Since the managment company aids the board in violation of the law, can any action be taken against the management company.

RogerB (Colorado)
Posts: 5,067

Posted:

Bob, it is the responsibility of the Board to comply with posting meeting agendas as per the law. Therefore, your first action should be to advise the Board of this law and demand they comply. The management company can only be held accountable if the Management Agreement requires them to create and post the agenda.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Bob,
I am not sure if you are a Board member or not. My guess is that you are not. Knowing that you have no power to force the Board into an action, I would write a letter, quoting the Cal. Statute on meeting posting requirements. Make sure that it is quoted word for word, and make it known that they are in violation of the Cal codes. Send a copy to each Board member, the Property manager and the company that they work for. Send it to your membership if you do not get any responses from the Board. Such a simple job for the Board to handle and they fail miserably.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Bob,
I failed to answer your original question about any action being taken against the management company. The M.C. works only at your Boards direction and instructions. If California requires their Property managers to be licensed, then yours is failing to guide your Board to be in compliance with your Documents and California code. They are not foing a good job. The only action that you could take would be to have them relieved from their position of Property manager for your association. Legally? Not much you can do.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Bob - Two questions:

How detailed is the agenda? Are you sure they haven't posted a generic "order of the day" and follow that each meeting? Some groups follow a pre-planned order of business that the meeting follows and don't use an agenda. If a vote of the members was required, they would have to notify everyone anyway.

Also, who develops the agenda? Maybe it is this person or group that is holding up the posting.

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