How to reverse a decision by an HOA Board

You will need to recall the directors who approved this and elect enough new directors to vote to cancel the contract. Check your CC&Rs and Bylaws about how to initiate a petition of the members to call a special meeting. You will need a required number of signatures. The petition must specify that the purpose of the meeting is to vote on the recall of the directors named in the petition and to vote in new directors. Then the Secretary must give not less than 10 days and not more than 60 days notice of the meeting. If the HOA or the property manager has already signed contracts for the work, then if the contracts are canceled, the contractors may demand and even sue for their lost profits and any money they have spent getting ready, such as buying materials. If the process described above is going to take to long, you might be able to sue to stop the work temporarily while you go through the process. If I were the judge, I would want a pretty strong showing that you're going to be able to win the election. For example, a recall petition signed by a majority of the members. There is a process required by the Davis Stirling Act where the Board appoints someone, usually a Board member, to meet with any member who has a complaint about how the business of the HOA is being conducted. It sounds like you might already be beyond that, but it should be tried. You can do that at the same time that you are circulating your recall petition. How will the HOA pay for this? Is it a proper expenditure of Reserve Funds? Is it covered by the most recent Reserve Fund Study? Will it require Special Assessments? Has that process been properly conducted? Study your CC&Rs and Bylaws. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack