Webinar: “Not All Rules are Golden… The Drafting, Changing and Enforcement of HOA Rules”

Webinar: “Not All Rules are Golden… The Drafting, Changing and Enforcement of HOA Rules”

In this presentation, Kelly Richardson will discuss the basic as well as advanced concepts in rule creation, amendment and enforcement. Creating, amending and enforcing HOA rules are the bane of the manager (and volunteer director’s) existence. Rules can be a great help to a community and build community spirit, or they can create more problems and foster divisiveness and negativity… and even litigation. The very fast-paced presentation will be 60 minutes in length, including 10 minutes for questions at the end of the prepared remarks. This course has been approved for 1 Continuing Education Credit for Certified Manager of Community Associations (CMCA) by CAMICB.  Registration link at https://register.gotowebinar.com/register/1598374741632408065....
Boards Elections [Part 3]

Boards Elections [Part 3]

Dear Kelly, We successfully recalled our HOA board, yet the next day after the vote the recalled directors held a special meeting and enacted lots of business. We believe that everything the board enacted after it was recalled can be reversed with a blanket resolution by the new board. What do you think? P.S., Cathedral City Mr. Richardson, Does the announcement of the election results at the annual meeting immediately remove the existing board members from office or is the organizational meeting or something else required to formalize the transfer of authority? B.H., Alhambra Dear P.S. and B.H., Once a quorum has been reached and the votes counted, there is a new board. A recall vote is immediately effective. Corporations Code 7220(b) states that a director serves until their term is expired and a new director is elected to take their place. Unless the regular election was early, after the election the old board no longer has authority on behalf of the corporation. If a former board purported to make decisions when a new board is in place, the former board’s decisions could be rejected by the current board. Best to your associations,Kelly Kelly, Our HOA recently had a total recall and election. Our board has staggered terms. The new president handed out the longer terms based on number of votes received. Our bylaws specify for the initial organizational election the drawing of lots to determine the longer terms. Should the president have followed the bylaws, as the situation is identical? J.T., San Jacinto Dear J.T., The normal practice for an election such as yours where five vacancies exist...
Boards Barking About Dogs

Boards Barking About Dogs

Dear Mr. Richardson, Our CC&R’s limit the number of pets a homeowner can have to a “reasonable” number. City law states a resident outside of an HOA can have up to 4 dogs. Our association manager insists we have to abide by city law. Is that right? Thanks, F.D., San Pedro Dear F.D., Per Civil Code Section 4205, governing documents cannot conflict with state law. Unless your city in its ordinance exempts HOA residents, your association must, like any homeowner in that city, follow the law. The association could adopt a stricter standard, but it cannot be less strict than the city, as the public law sets the floor below which associations may not go. Also, it is the city’s job to enforce ordinances, so the board might not have to become involved (except for a call to the animal control department). Most homeowners do not research city ordinances, so if a pet limitation is important to your community, it is better to state it clearly in the governing documents. Pet limits are probably best placed in CC&Rs, so they are more permanent and cannot be changed from one board to the next. Thanks,Kelly Dear Kelly, Several residents used to take our dogs to an enclosed common area to play. The area was not designated for any specific purpose. One day the HOA president announced that dogs would no longer be allowed in that area. The board then invited residents with grandchildren to take advantage of that common area for play. Wouldn’t each resident who takes their dog to the area be covered through each individual homeowners insurance? D.S., Cherry...