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AnnaA (California)
Posts: 15
Posted:
I am one of 5 people on our Architectual Committee. I have been involved for almost 4 years. Our old Board worked very hard and our neigborhood looked great. 2 years ago we got a new Board with all new members. Unfortuately some people get on Boards because they have issues with the old Boards and think they can change things. Since we have had this board our neighborhood is looking shabby. About a year ago, at a meeting, homeowners were asking why things were not being kept up, one homeowner asked why people were not given fines since the violations were obiviously not being corrected. The Board said that the old Boards fining system was not legal and they were working on it (this is after 10 months of serving on the Board). When we called our Rep, she said that she was not allowed to send out violation letters from her walk-throughS unless it went through the Board first. She said to date, she was never allowed to send out letters. That Rep from the management company quit a couple of months ago. Since this new Board took over, homeowners have been violating the CC&R's by not getting ARC approval for improvements to their homes. Our committee wants to see the violation letters that the Board says they have sent out. We are not interested in seeing the homeowners names or addresses, only that the Board is doing their job. DOES THE SUNSHINE LAW IN CA APPLY TO VIOLATION LETTERS???? PLEASE HELP OUR NEIGHBORHOOD.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anna,
I have not read a copy of the California Sunshine Laws but the ones that I have read have nothing to do with your HOA Board and their lack of function in the best interests of your association. Sunshine Laws pertain to open meeting requirements and all of the percedings involved.

You are governed by the Davis/ Sterling Act and there will be what your association can do to get this Board into motion. Of course your own documents will be of the most help, providing someone will use them. You need to get members involved because alone, you cannot have enough clout to push hard enough. Things need to be corrected and following your documents, you should have the tools and information to do so.
KirkW1 (Texas)
Posts: 1,665
Posted:
Anna,

I don't know why you want to bother with seeing violation letters (or the lack thereof). You need to recall the current Board and get people who will enforce the rules.

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