QUESTION

can a homeowner sue The HOA Board for being unhappy with them? can he complain by writing to Management Co? doesn't he have to address Board first?

Asked on May 21st, 2017 on Real Estate - California
More details to this question:
Can a homeowner in the cmnty who's got a reputation for harrassing the Board & other homeowners actually have any success with suing Board members just because he's unhappy with the way maintainance & other items are taken care of? Can he directly write a letter adressed to Mngmnt Co.? Or should he first be required to discuss his concerns at an HOA meeting? CAN THE BOARD INSTRUCT MGMNT CO. NOT TO REPLY TO HIS EMAILS? CAN THE BOARD INSTRUCT MGMNT CO. TO ASK HIM TO DIRECT ALL CONCERNS TO BOARD MEMBERS ONLY? ISN'T THIS THE ONLY WAY THE BOARD CAN PREVENT MGMNT CO. TO GET INVOLVED IN THE MIDDLE? WITH SPECIFIC PROBLEMS THAT THEY'RE NOT FAMILIAR WITH / QUALIFIED TO HANDLE (I.E., HARRASSMENT OF BOARD BY HOMEOWNERS?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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The HOA Board has very broad discretion in making decisions about HOA business. If the decision is within the range of possible choices a reasonable board of any hoa board might make, then the decision of the HOA Board will be upheld, unless it is in direct contradiction of an express provision of the CC&Rs which specifically addresses that issue. For example, an HOA Board cannot allow palm trees to block views if the CC&Rs specifically say no palm trees shall be allowed to block anyone's view. There actually is such a palm tree case. If the HOA Board wants to deal with the correspondence and not pay the management company to do so, then just tell the management company to send all the letters to the Board. A good management company should be able to politely respond to correspondence in a totally non-commital way.  The Board has all the power. So it can afford to be gracious to an owner who is not getting his way. Eductate this owner about the choices that need to be made. There is a budget. There is a reserve budget for anticipated future repairs and replacements. The Board needs to be cautious in spending those resources. The HOA is going to need all of that money for future repairs and replacements. That means that for any specific item that needs to be repaired or replaced, the Board will probably spend more than some members feel is needed and less than other members will think should be spent. It's up to the Board to make those choices. Anyone who wants to participate in those decisions should run for a seat on the Board. Dana Sack 510-286-2200  
Answered on May 22nd, 2017 at 9:57 AM

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