Real Estate & Property Law

What Can You Do If Your HOA Board is Out of Control?

My Board is Out of Control - Is it time for action? What Can I do?

If the board is not responsive to your ?ideas?, you may want to try and enlist the support of other owners. There is sometimes ?power in numbers?. In California, there are laws regulating condominiums that allow homeowner members to have access to the membership list, and if not that, provide a means for owners to address other members through mailings sent out by the association board, staff, or management. It is never a good idea to stomp through the neighborhoods with vitriolic leaflets expressing your disdain. You may find yourself with followers if you take out a negative message about the board or management, but they may not be the kind of followers that can help you garner respect for your cause.

Here are some things to consider:

**Contact other owners and see if you can get others involved. Sometimes gathering support for a position or demand can prod the Board into action. If you try, and are still the only owner concerned, you have a real uphill battle to get the board?s attention focused on your issues.

**Run for the Board. Sometimes you can get on the Board simply by asking - especially if there is not a full board or someone has just quit or moved. Then you will know why/whether/what is happening.

**Put your request in writing and try again to get neighbors to sign on with you in your presentation. A written message engenders more accountability than a frustrated telephone call or ?attack? whenever you run into a board member out walking the complex or swimming at the pool.

**Sometimes (although do not do this without considerable thought) you might just decide ? ?to heck with it, I am going to just repair whatever it is that needs fixing (if that is the crux of your complaint) and then seeking reimbursement from the board. You have to be careful here. It make sense to test this action on a small scale meaning at a cost less than what you can ask for in small claims court. It is possible that you may not recover compensation. Worse yet, you may be penalized for taking whatever action it is you believe is warranted, so it is best obviously to get legal advice first to see if your "beef" is legitimate.

These and other suggestions appear in my book THE CONDO ANSWER BOOK, available through my website at http://www.californiacondoguru.com

Full post as published by California Condo & HOA Law on April 16, 2008 (boomark / email).