Legal Question in Real Estate Law in California

Re: Homeowners Association Problems

Pretty obviously, he can't use fictitious documents to support his actions. However, that being said, the board of directors has some immunity in terms of their decisions even if ultimately wrong. You have a few options. First, you can sue the Board of Directors over their actions, and essentially drain your own wallet in doing so. Remember, the Board, unless they can be shown to be acting entirely out of the scope of their role, is entitled to have their defense paid by your HOA. Second, you can formally protest their decision, and force them into Alternative Dispute Resolution - again, this is akin to suing yourself, however, it would be less costly than court. Third, you can also pursue a recall, though once again, it is costly and the cost will be borne by the HOA. Finally, you can muster up support from your fellow homeowners, and clean out the Board at the next election. I'm sure you want immediate resolution, but unfortunately in HOAs that is not commonly the result. I would suggest that you meet with a real estate attorney in your area to go over this in more detail, and see what you may or may not be able to do.

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