Real Estate & Property Law

How Would You Like This Job (serving on the HOA or Condo Board)?

I have to ask, how many Boards have lived with these kinds of problems that can go on and on and on and on, well, you get the picture. (From an actual reader, I don't have to make this stuff up!) It's time to say thanks to the folks who serve:

"I have spent the better part of today searching the internet, which landed me on your website, The section which covered people who are "problems" was helpful. I am on the Board here and we have a family who think the rules should not apply to them because they are special. They want yellow bug lights in their light fixtures, flowers cut off because of their granddaughters' bee allergies, permission to park a truck in visitors parking while the other homeowners are not allowed to, etc. etc. etc. My question is, since the Board said "No" to the yellow lights, they are threatening to round up all the homeowners and petition against us. Can't we stick to the Board decision and tell them to leave it alone?...or do we have to continue the dialogue forever? I've been dealing with this for almost a year and it's getting old. Please help me or tell me where to find an answer. Thank you for what you do."

This reminds me of when my (now adult) children were teenagers. It got to a point where there was an ongoing argument on everything, and they were good at arguing back. (I will take credit though, I guess, for teaching them how to make a cogent argument that is hard to rebut. It's helped get them through life.)

For a time, things got dicey. Then, I went to a counselor with them (I was a single mother) and cried out for help. The counselor reminded me about "boundaries". Oh yeah, those are quite important to maintain, just like the fence that keeps the critters out, or the dogs in.

So how does a board set boundaries? Just say no, and be confident in your position. If an owner raises an argument and you think it might stick, then you can do further investigation or research to see if [yes or no] was the right answer.

That's what we the attorneys are here for, in many cases, assisting with the right answer, and once found, stand firm on it. There are options to illustrate your "firm-ness".

Begin enforcement proceedings if the violation continues (there is help in the many Enforcement Primers available on my website for this).

If an owner can get a petition together to try and force the board to accept yellow lights, take a survey of the owners about the issue so you can hear from the ones who did not sign the petition before making any decision as to what to do next. (I have yet to see such a "petition" or strong uprising on this subject.)

If an owner's communications persist and become obnoxious, tiresome or offensive, develop a specific process for dealing with them reasonably. You might, for example, let the owner know, in writing, that because he or she has no "boundaries" over the type and frequency of communications, that the Board will set the "boundaries" for him or her, by accepting communications ONLY IN WRITING, that will be bound together and reviewed only once a month, at meetings of the Board, in open session if regarding open topics, and in closed session if subject matter is subject to executive session topics.

Don't "jump" just because someone says to. And also, understand that probably much less than 1% of all "threats to sue" actually come to fruition. It's just too easily threatened in the "heat" of passion or anger.

Full post as published by California Condo & HOA Law on July 24, 2009 (boomark / email).