QUESTION
I'm new member to HOA, and have requested records and received none, including bylaws. There have been no annual meetings for three years and only two
Asked on Sep 23rd, 2017 on Corporate Law - California
More details to this question:
Board members... How can I force my HOA to have meetings and hold a proper election and be transparent. They refuse to enforce simple cc and Rs like garbage left outside a unit for months on end. One homeowner is not paying dues and there is no evidence of legal enforcement. (I had to pay for my own pest abatement and request repayment because pigeons were resting on the outside of the building and creating waste on my entrance. I turned the invoices over to the maintenance management but the controlling president doesn't pay out)
1 ANSWER
You are going to need to meet with an attorney with experience with both dealing with HOAs and with dealing with lawsuits over home purchase contracts. You have the right to Internal Dispute Resolution with the HOA Board. If that does not work, then you have the right to Alternative Dispute Resolution. This could be either mediation or arbitration. You should have an attorney assist you with all 3 of these procedures.
You should have discovered these problems during your inspections before you waived the contingencies under the contract. You may have claims against the seller and even the real estate agent and broker. You might even have the right to rescind the sale, give the home back and get your money back. If the situation is bad enough that you might want to do that, then you really need a lawyer, both for that and the HOA problems.
Dana
Answered on Sep 24th, 2017 at 11:54 AM