Legal Question in Real Estate Law in California
HOA rules
The president of our HOA has not
paid 6months of HOA dues from five
units which comes to $18,000. The
board will not put a lean on his units.
Can we demand he step down from
the board?
3 Answers from Attorneys
Re: HOA rules
The board is required to decide whether to lien a property in open session. That means in front of whoever shows up at the meeting. You may want to send a letter to the board explaining that they are violating their fiduciary duties by showing favoritism and not enforcing the CCRs. That will put the board on notice.
Then, if that doesn't work, you will have to sue to enforce the CCRs. Attorney's fees would be recoverable to the prevailing party.
Feel free to email or call with any further questions.
Re: HOA rules
Sure. Why not? You can also sue the board for malfeasance.
Re: HOA rules
Probably. It depends on the terminology in your CC&R's. There usually is a way homeowners can hold a recall election. You could become the next president, lien up the old president's property and buy it at a foreclosure sale.
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