Legal Question in Real Estate Law in California
Condo HOA meetings
I am unable at attend most of my HOA meeting because of my work schedule and the time and location of the meetings. So, I rely on the minutes. But the minutes are vague and not specific. One meeting I did attend, the board spent 3 hours going over the budget line by line. From the outset of the meeting, the board planned to raise the fees. When I read the minutes, all it said was that the board discussed the budget and no mention was made of the proposed increase. How can I get the board the record the minutes so they reflect what was actually discussed? The management company is very uncooperative and wants to keep the homeowners in the dark. What can I do?
3 Answers from Attorneys
Re: Condo HOA meetings
I've been through this blood letting several times. So here's my advice. Sell your condo and move to a residence in which there's no HOA. Your other choice is to ignore the whole process. You'll never find a sitting or retired judge buying into a HOA. With that said you'll need to document your complaints to the HOA Board of Directors. Always info the management company on these complaints. Expect to amass a large number of critics and out right hateful people. Never expect anything other than rude and contempious behavior from the members of the board. Keep pushing it, and eventually you'll talk yourself into a lawsuit. Which will cost you a lot of money. And will cost the association a lot of money. (Which may eventually be assessed to you under the CC&Rs.) The attorneys representing the HOA will bill the HOA a fortune in legal fees protecting their financial interest in keeping the board that retained them in power. Never never start running for the board. That doesn't work either. Lots of luck.
Re: Condo HOA meetings
The first response is pretty funny for anyone who HAS lived in an HOA and who no longer does. You are entitled to see all of the official records of the HOA (like board minutes). They cannot raise your assessments unless the board has done so officially which should be in the minutes. Most likely your CC&Rs will award you attorneys fees if you prevail in a suit with the HOA and we have won them in the past as well as prevailed on the HOA lawyers to persuade the board to back off of improper actions.
Email me directly through our website at www.beauchampfirm.com and I will provide more details on where to find your HOA rights in one concise place.
Bob Beauchamp
www.beauchampfirm.com
Re: Condo HOA meetings
I suggest that you try to get on the Board.
Also, you should send a letter asking to review the records of the Association. What is the name of the Management Company?
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