Real Estate & Property Law

WHOM AND HOW MAY AN HOA OR CONDO OWNER CONTACT THE BOARD? VENDORS?

Here are a couple of questions that came in recently, a bit unusual as the questions go, but pertinent:

Can by law a home owner in a condo complex get in touch with a board
of directors member thru email ?

There is no law on this. Boards are not required to accept or respond to emails, so if the Association policy is to communicate otherwise, such as coming to a meeting and addressing the Board during homeowner forum time, or the old fashioned "write a letter" method, I would suggest following it. Remember directors are volunteers and are providing a service to the HOA or Condo Association, and may not want to be inundated with emails. There may be required channels of communication through management so that there is assurance that all communications relating to association business go through one portal.

By law, can a member of the association get in touch with one of the
vendors that works for the association ?

Again, there is no law, however, whether it is a good idea would depend on "motive". If you want to tell the vendor what to do or complain about something, I would say the better way to proceed is through the appropriate means of communication with the association board or manager. A homeowner can be reprimanded, subject to paying extra costs, and even subject to disciplinary action if he or she interferes with a vendor and the work they are trying to accomplish for the association.

Of course, if the contact relates to something constructive, like arranging inspections or entry as needed, that is normally okay, unless a liasion is appointed to communicate with owners over such things.

If you want work done by a vendor used by the Association, that might be allright too, but the Association should know, and the vendor should make it clear any work for the owner is under separate contract with the owner.

So, without a law, and given that associations have varied practices and policies in these areas, I have provided the common lawyer-like answer of "it depends" [on association policy]. The Association may not have one at the present; however, if an owner becomes overenthusiastic or abusive with communications, the Board will likely adopt one.

Full post as published by California Condo & HOA Law on June 16, 2009 (boomark / email).