Real Estate & Property Law

COMPLAINT ABOUT HOA BOARD MEMBERS - SHOULD WE?

Maybe you have faced this dilemma (from a reader):

"We are a very small association. Neighbors to a board member would like to file a complaint against that board member for various reasons. ... How can we do this without the involvement of the Board member who is the problem? We are afraid this board member will get special treatment and nothing will be resolved. We have discussed the complaints with this neighbor and written letters, but to no avail. The neighbor just doesn't care about being a considerate neighbor. We are all at a loss and are thinking the next step is to file a complaint with the HOA. Please let us know how to go about this since they are a member of the board."

Make the complaint. Put it in writing. Ask the Board to consider taking action under the HOA documents, The Board member involved should abstain from voting on any action that is proposed. If necessary, the other board members can consult with an attorney and exclude the board member being complained of from those discussions, The way to do this would be to form an executive committee to meet with an attorney. Otherwise, the Board member should be treated as any owner would who refuses to meet the Board's demands to comply with the HOA documents. The Board member could stop being a nuisance, or if that does not happen, would get a hearing notice and be invited to an executive session meeting with the board to have the complaints considered. At the hearing the Board would determine if disciplinary action is warranted. If the complainants want to attend the hearing, they can ask. Boards do not always ask the complainers to appear but some allow it, and some even encourage it.

Of course, the complainants may suspect the other board members are playing favorites if nuisance conduct is not abated or subjected to disciplinary actions. In that case, the complainants can always consult an attorney and ask for legal advice as individual members, or even try their luck on the nuisance aspect in small claims court. There is more information on this on my website at www.californiacondouru,com. Look for Articles, E-newsletters on remedies, and publications on the subject.

Board members should not be exempt from the same considerations given in non-board member complaints. HOAs should have processes and procedures in place to afford consistent treatment for all. There is a seres of Primers available covering Enforcement topics that would be helpful to anyone wishing to have more information on enforcing rules and CC&Rs, at a very affordable price on my website (mentioned above).

Full post as published by California Condo & HOA Law on September 26, 2008 (boomark / email).