Removed Presidents, The PUD Myth

Removed Presidents, The PUD Myth

Dear Mr. Richardson, The president of our HOA was recently removed as president (with no explanation and at an unposted meeting) but she is still on the board, referred to as director at large, with no duties. Someone said she is not eligible to vote in that capacity. Is that true? J.K., Murrieta Dear J.K., The president, as with any officer position within the board of directors, normally serves at the pleasure of the board, under Corporations Code 7213(b). Check your HOA bylaws to be sure. Usually there is one section for “board of directors” and a different section for “officers.” You probably will find that officers are appointed from within the board. So, one could be removed by the board from one’s officer position – but being removed from an officer position is different than being removed from the board. Normally after losing one’s officer position one is still a board member. The board does not need to state a reason for changing officers, because no “cause” is needed. However, changing officers should be accomplished during an open meeting with the minimum 4 days agenda notice. Some boards mistakenly consider this a “personnel” matter and so handle the decision in closed session. However, in this context, “personnel” means employees of the association. Thanks for your question,Kelly Kelly, I live in a PUD as I was told. Why do you say there is no such thing, and California has planned developments? B.K., Sun City  Good morning, In an earlier article you stated that California has only planned developments not PUDs. Our manager swears that we are a PUD. Is...
Open Forum: When Do WE Speak?

Open Forum: When Do WE Speak?

Hi Kelly, Thank you for helping people understand HOA laws! Civil Code 4925(b) states “The board shall permit any member to speak at any meeting…” (executive sessions excluded). You wrote in a past column that “members may observe board deliberation, but the law does not give members the right to participate.” This appears contradictory to 4925(b). Which law were you referring to that disallows member participation at the board meeting? I.S., San Diego Dear I.S., There is a big difference between addressing the board during open forum and participating in the board’s deliberations of agenda items. Nothing in the Open Meeting Act supports the notion that members participate in board discussions. If homeowners had the right to participate in board discussions, why would open forum be necessary? Open forum is important because members do not have the right to interrupt board deliberations, and the open forum statute guarantees that members can always have a time to speak to the board about issues important to that member. I often see meetings in which members are allowed to talk during deliberations. When homeowners are allowed to interject, question and even argue with the board, the result usually is chaotic and longer meetings. To argue with the directors, get on the board! Best regards,Kelly Dear Mr. Richardson, Our board won’t let us defer our open forum to another homeowner knowing that they have something of value to say. They absolutely said “you can’t do that.” Is this true? C.S., Anaheim Hills Dear C.S., Civil Code 4925(b) gives any member the right to speak, subject to reasonable time limit. If the board set...

What Is HOA, Disciplinary “Due Process”

Hello Mr. Richardson, What is hoa? I just glanced at your article in the newspaper entitled “Peace among HOA neighbors.” You use the word “hoa” often, but do not define it. Best wishes, B.C., Riverside County Dear B.C., The abbreviation “HOA” means “HomeOwners Association”. It is the most commonly used label applied to what the law in our state calls a “Common Interest Development (“CID”). I often use the term “CID” in this column, because that is the accurate legal term. Interestingly, the Davis-Stirling Common Interest Development Act never uses the term “HOA” or “Homeowners Association.” I use it in this column because that is the more commonly used name. It can be troublesome, because there are hundreds if not thousands of common interest developments in California which are not strictly “homeowners” in composition. Industrial, commercial or “mixed use” projects contain non-residential, business uses. Thanks,Kelly Hi Mr. Richardson, I am on the Board for our HOA and have a question about one of your HOA Homefront columns printed in the paper. It indicated that owners do not have a right to know who complained about them. Our property manager has told us just the opposite – that complaints can’t be made anonymously since if it goes to hearing, the owner has a right to “face his accuser.” If complaints can be made anonymously, I’d like to point that out to the Board and management so that our policy on that is changed. Thanks, L.C., Anaheim Hills Dear L.C., There is a common misconception that all the rights of the accused in criminal court also apply to HOA disciplinary hearings....