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CathyJ (California)
Posts: 1
Posted:
Our current board of our HOA of 221 homes has been able to get two long term members to quit using hate tactics - name calling, threats, mean spirited emails. Now they are trying to force the remaining long term member to quit (the president and this member are related by marriage and have familial issues long before now, however it is the president who iniates theproblems - this person had a restraining order on them as a homeowner due to a physical attack of a prior board member) because they missed a meeting due to the flu and demanding a note from the doctor saying the member will not hold the association liable if their volunteer work causes medical problems.

They replaced the members who quit without an election or posting openings to the general public. The new President simply placed two two people from the audience onto the board during a monthly meeting.

They are now holding the monthly meetings poolside through winter (it hit 47 degrees last night), using a security light and patio furniture out in the open and refuse to rent a room in any building in the community as we have done for years. They expect honmewoners to sit outside in the cold and damp for meetings throughout winter. Meetings are typically held poolside during summer/warm months, and then a meeting room in a local school rented during winter.

This after adding a change to the CCR/Rules that did not exist prior: only one car for street parking from 10:00 pm to 8:00 am or risk ticket/tow. ONe car per residence gets a sticker to park on the street. This was done without a membership vote. The CCRs/Rules do not allow this. Does STerling DAvis? They said they can do it based on a safety issue and will protect our children, but I don't see children int he street after 10:00 pm. I do not have an issue with limiting street parking and changing the Rules, if it is DONE in compliance of the law and a membership vote of the majority.

What is a member to do? Our meetings are not well attended because people are sick of the fighting and historically are simply not motivated to participate.

The management is of course thinking of income, but when do we draw the line? Especially when outside winter meetings are a health hazzard? We look forward to some responses and ideas of where to turn for help.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Cathy,

There may be more to this than you are aware of. I suggest you start by doing some research.

I can't address all of the issues; there is always more than one side to every story. But, from the information you have posted, it doesn't appear to me that there is anything wrong with the actions of your board.

Replacing board positions left vacant without a vote of the homeowners is permitted in most HOAs that I am familiar with. Check your bylaws. There is likely a provision in there that states that the board may fill vacanct positions for the remainder of the original terms. Usually, the president cannot do this unilaterally, but, your president may have simply been carrying out the will of the board by notifying people of their appointments, or simply asking people if they would be willing to fill the vacant positions and then submitting their names for board approval. Either way, this may have had the appearance of the president filling the positions unilaterally.

Perhaps the decision to have the board meetings poolside rather than rent indoor space in the winter months is to save money. If you believe outdoor meetings in the winter are a health hazard, you would have to provide documented evidence to prove that. Many people work and play outdoors for hours during the winter in climates colder than yours without suffering any ill effects. I would think watching a football game in Chicago in December would be worse than observing a board meeting where you are in winter. You just dress for it.

The CCRs cannot be changed by the board; that requires a vote of the homeowners. However, RULES can be made and changed by the board and do not require a vote of the homeowners. Rules cannot conflict with the CCRs, but they can be more restrictive. For example, the CCRs may say that the speed limit on the roads cannot be more than 15 miles per hour. The board can pass a rule saying the speed limit shall not exceed 10 miles per hour. But, the board cannot pass a rule saying the speed limit shall not exceed 20 miles per hour. Similarly, the CCRs may allow on-street parking, but the board may pass a rule restricting how many cars are allowed to park on the street and at what times. The board could even say no cars are allowed to park on the street at any time, unless the CCRs say that cars MUST be allowed to park on the street. But,if the CCRs say no cars may park on the street, the board cannot pass a rule saying they can. Short answer: there may be nothing wrong with what your board has done relative to restricting on-street parking, provided they only passed a rule and not actually changed the CCRs.

As for the Davis-Stirling Act, you should easily be able to find a copy online that you can download and read. I believe it's available in pdf format. You might try "Googling" for it.

Sorry if this is not what you wanted to hear, but it's what I believe to be the way most HOAs work, and it's all according to the rules and the laws in most states. As for the personalities and interpersonal relationships between your board members, I would need to experience that first-hand to form an opinion.
GlenL (Ohio)
Posts: 5,491
Posted:
Cathy welcome, I would suggest you visit davis-stirling.com for more information specific to California. It is a web-site run by attorneys and has an excellent index of topics. If I'm reading this right the BOD can implement an emergency rule without the normal homeowner review but it is only valid for 120 days. From the D/S web site:

ADOPTING AND AMENDING RULES

"Operating Rules" are defined as any regulation adopted by the board of directors that applies to the management and operation of the association or the conduct of its business and affairs. Civil Code ยง1357.100 This includes pets, parking, use of the common areas, member discipline, architectural standards, election procedures, any schedule of monetary penalties, etc. Civil Code ยง1357.120(a)

Excluded are decisions relating to common area maintenance, a specific matter (as opposed to a general policy), assessment amounts, a nondiscretionary rule change required by law, or a rule that repeats existing law or the Association's Bylaws, CC&Rs or Articles of Incorporation. Civil Code ยง1357.120(b)

Enforceability. Civil Code ยง1357.110 An operating rule is enforceable if:

in writing,
within the board's authority,
consistent with governing law and the associations governing documents,
adopted in good faith, and
reasonable
Notice of Proposed Change. At least 30 days before a vote on adopting or amending an operating rule, the board must mail a copy of the proposed change to the members, along with an explanation of their purpose and effect.

Adoption in Open Meeting. After the 30-day period, the board may adopt the rules at a duly noticed open meeting of the board, taking into consideration of any comments made by association members. Civil Code ยง1357.130

Notice of Adoption. Within 15 days of voting on the rules, the board must notify the membership of the results of the vote. Civil Code ยง1357.130

Member Veto of Rule Change. Members owning 5% or more of the separate interests may call a special meeting of the members to reverse a rule change. Civil Code ยง1357.140(a) However, The written request may not be delivered more than 30 days after the members of the association are notified of the rule change. Civil Code ยง1357.140(b) The board must give notice of a special meeting and send out ballots pursuant to Civil Code ยง1363.03. The rule change may be reversed by the affirmative vote of a majority of the votes represented and voting at a duly held meeting at which a quorum is present. Civil Code ยง1357.140(c) The board must notify the members of the results of this vote within 15 days. If an operating rule is reversed, it cannot be re-adopted by the board for at least one year. However, the board may vote on other operating rules covering the same subject. Civil Code ยง1357.140(f)&(g)

Emergency Rule Change. If the board determines that an immediate rule change is required to address an imminent threat to public health or safety, or an imminent risk of substantial economic loss to the association, it may make an emergency rule change; and no notice is required. An emergency rule change is effective for 120 days. Civil Code ยง1357.130(d)


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