QUESTION

I live in a very small development of 5 condominiums. The association was not managed for years, there were no meetings, no rules etc.

Asked on Feb 22nd, 2017 on Real Estate - California
More details to this question:
the how is suspended and no one has access to the bank accounts. What are my rights and responsibilities under these circumstances.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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The HOA and the CC&Rs provide you and each of the other owners many very valuable protections. All of you need to revive this HOA. For example, California buildings are, as a general rule, designed to last for 30 years. In order to last longer, various parts need to be repaired and replaced from time-to-time. Roof, paint, and caulk around windows, for example. Pipes and wires wear out. One of the most important things the HOA does is collect reserves for such repairs and replacements. Another is to maintain value and keep peace among the owners by enforcing rules. Any 2 or 3 of the owners can call a meeting of the owners to elect a new board of directors. The process is a little more complicated than that. First you call a meeting. At the first meeting, you set a date for the submission of nominations for the board. Then you hold that meeting and establish nominations. Then you set a new date for the election. Then double-blind ballots must be mailed to each owner. HOA elections are required to be done by secret ballot. Then you have a meeting to count the ballots. A person who is not an owner or candidate must count the ballots. A travelling notary is often hired to do this. Then your board can elect officers, and your officers can deal with the bank.  Meanwhile, every couple of years, the legislature revises the Davis-Stirling Act, which governs HOAs, which requires amendments to your CC&Rs and Bylaws. If your governing documents are more than three years old, then they need updating. If they are than old, then you cannot rely on the procedures descrived in your CC&Rs and Bylaws. You'll need to find out what the current rules and procedures are. You need a lawyer who is an expert in this area. Dana Sack  
Answered on Feb 23rd, 2017 at 9:43 AM

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