Meetings, what can and can't be discussed...

Okay, this is OT, but I had to add this...

I just got a copy of April's meeting notes and they notes 119 units as delinquinet on payments to the HOA management company, that's $26K a month that they are not getting.

Wow, and not they want to be jerks and take away ameneties from homeowners, but give special favors to the president by letting her keep her washer and dryer (at the cost to us homeowners).

While I agree, once again, with Kirk, the answer to your question is, yes. Topics can be limited in an open forum. Whoever calls the meeting can set the rules for discussion. As an outside example, would you want to attend a forum if the discussion devolved into a debate about cake recipes?

Now about the plumbing. That is a huge issue in older high rises. I have first hand knowledge. When people want to remodel their apartments and add a washer or a garbage disposer, the entire waste water system situation needs to be considered. In older buildings, the waste water system is not designed to handle such loads.

Kim,

I would research the Davis-Stirling Act. I'm not sure if CA has an open meeting law. But in AZ, the Open Meeting Law gives the members the right to speak b/4 a vote is taken on all issues. The washer/dryer issue could not be discussed in a closed (executive) meeting, so at some point the members would have the ability to state their views. The board Pres cannot just say there will be no member input on this issue! Check your state laws!

But, regardless of whether or not a state law is being broken, IMO, this board pres needs to go! She appears to be self-serving and not at all interested in doing what is beneficial -- and fair -- to the community.

If/When I get the letter replying to our Arch form stating we were declined approval, can I follow up with this?

Civil Code §1354. Enforcement Rights, Attorneys' Fees
(a) The covenants and restrictions in the declaration shall be enforceable equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all owners of separate interests in the development. Unless the declaration states otherwise, these servitudes may be enforced by any owner of a separate interest or by the association, or by both.
(b) A governing document other than the declaration may be enforced by the association against an owner of a separate interest or by an owner of a separate interest against the association.
(c) In an action to enforce the governing documents, the prevailing party shall be awarded reasonable attorney's fees and costs.

Political Dictionary: equity

(1) Even-handed treatment. Equity requires that relevantly similar cases be treated in similar ways. For example, two persons doing the same job in the same way with similar results for the same employer would expect the same pay. Again, it would be inequitable if two individuals committed the same crime in similar circumstances, but received quite different sentences. Equity is therefore closely connected to equality, and to the rule of law. Controversy arises from the delineation of relevant similarity: the notions of equity and precedent both raise this problem.
(2) An older meaning of equity referred to the need to modify the consequences of a strict application of the law to avoid unfair or unconscionable outcomes. From the sixteenth to the nineteenth century, some English courts were specifically designated as ‘equity’ courts in contrast to those dealing with statute and common law; since 1873 all English courts are supposed to follow the legal rules of equity.

Kim,

Yes, it is far-reaching; constitutional rights do not come into play when dealing with HOAs. An HOA is a private corp; not a government entity.

So even during our "open forum" they can limit topics? Well, I hope they don't limit them all the time...

I know the Pres doesn't want the topic to come up because that will lead to dicussions about her getting special treatment.

It's seems like homeowners have very little rights...

And yes, the president can refuse to recognize a speaker or declare the speaker out of order who starts a discussion on what he/she considers "dilatory", such as a re-hash of the same issues regarding a previously passed motion.

Homeowners CAN bring it up - as a motion to RECIND or AMEND a previous motion passed by the Board. But if your motion is dilatory,(not workable, or absurd) then be prepared to have it not even brought to a vote. The motion can be rules "out of order" because of a legal reason (You municipality says no???)

SOMEWHERE in the mintutes, there should be a decision (from a motion) to establish or enforce this rule that says no more new washers and all installed as of a certain date have to be removed.

Can you find that?

If not, then you CAN bring this up and ask the president how they came to the official ruling that affects some residents and not the others.