More on HOA and Condo Association Conflicts of Interest

My last E-newsletter (which you can find on my website at www.californiacondoguru.com in the E-News Archives) addressed conflicts of interest in homeowner associations and condo associations. The focus was on board and manager conflicts. In response, I received the following email followup question: “Just read your article on Conflict of Interest and have a question. How does the Builder get away with having employees being the majority of Board Members on a Board of Directors until 5 years...

Posted on Dec 5, 2011 in Leasing Restrictions

Lease and Rental Restrictions in HOAs, More Questions

Many associations are trying very hard to present owners with lease limitation restrictions before the end of the year to see if they want to approve them because of the new law (discussed in an E-Newsletter which is posted in the E-news Archives on my website at http://www.californiacondoguru.com/). Various questions have arisen and here are some sent in by a reader. “My HOA is trying to pass an amendment regarding this issue (currently we do not any restrictions to leasing our properties...

Posted on Nov 20, 2011 in Association Issues, Homeowner Education, Leasing Restrictions, Owners

Judging Hardships in a Condo or HOA Rental Restriction

Every amendment I write for adding rental restrictions in a condo association or homeowners association (HOA) has a hardship clause in it. Some are tighter than others. A hardship clause is one that gives an owner the opportunity to apply to the board for a temporary waiver of any limitations on the number of units that can be leased at one time. These restrictions have become important because of lending regulations that limit or prohibit financing of condos and townhomes that have a high percentage of...

Posted on Nov 8, 2011 in Duties and Responsibilities, Elections

Disclosing Election Results in an HOA or Condo Association

Boards are supposed to notify owners of election results. Actually it is the Inspectors job to announce them to the members at the end of the counting meeting. Of course, all kinds of things can happen the date of the counting of ballots. Take heart – here is a note from an owner: “The Board, in accordance to the governing docs and an earlier resolution, appointed the vacancies due to a lack of quorum and called it an ‘invalid election.’ Does calling it ‘invalid’...

Posted on Jan 24, 2012

More on Meetings Under the...

Here is some more info on holding proper board meetings after the new laws in California took effect 1/1/2012: Teleconference meetings: Board meetings can be held by teleconference so long as all board members can hear each other and discuss and vote on matters at the same time. For teleconference executive sessions, as for executive sessions held in one room, two days notice must be given to members...

Posted on Jan 20, 2012

What Are the New Rules for...

There are a number of new requirements for HOA boards in 2012. The lawmakers have tightened up on meetings in an attempt to dictate more transparency. Some boards are doing a lot of business in secret. Some boards make no attempt to circumvent laws and act appropriately, but members never attend any meetings or read any communications and so “claim” the board is acting in secret when it is not. And...

Posted on Jan 10, 2012

What Do You Do When An Own...

This is not an extremely common problem but it does occur to varying degrees. Sometimes owners (especially some of those who reside on site, are around during the day, and are of the mind to watch whatever is going on), involve themselves with contractors and vendors that are on site performing repairs or fulfilling contracts, such as the landscapers. Here is a quandary raised by a reader: “We have...

Posted on Jan 5, 2012