QUESTION

My HOA BOD is trying to pass a rule fining members for "rude or disrespectful communication" to the board or staff. Is this legal/enforceable?

Asked on Oct 05th, 2015 on Real Estate - California
More details to this question:
Here is the rule as they proposed it. "INAPPROPRIATE CONDUCT No Owner, resident, or guest shall communicate rudely or disrespectfully with the Board, on site staff, or other Association vendors. Direction and discipline of such staff and vendors resides solely with the Board. Complaints should be submitted to Management to be addressed by the Board. Such behavior is subject to immediate disciplinary action, including fines and the removal of privileges, after notice and hearing. All questions of interpretation of this rule shall be resolved by the Board."
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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I don't know, but I doubt it. To know for sure would require a little research. The real problem is how to get rid of the rule and prevent its enforcement. You have two choices. The faster, cheaper and surer way is to get together with other homeowners who agree with yout that this rule is insulting, inappropriate and un-American, and campaign to elect a new Board of Directors. If the next election is too far off, you and your neighbors can initiate a recall election to remove one or more directors and replace them with peoople who agree with you. If only 3 out of 5 directors supported this rule, then you'll only need to recall those 3. If you talk to the directors about your concerns, maybe only 1-2. The other is litigation. Check your CC&Rs. You are probably required to request mediation first. That's a good idea. It involves an independent and neutral third party working to negotiate a compromise between the two sides. The mediator does not make any decision, but it will be a neutral voice who might help persuade the Board that it has gone too far. If mediation doesn't work, check whether your CC&Rs require arbitration or judicial reference. Both are faster and cheaper than a lawsuit. Before suing, make sure your attorney is really certain you will win. Your CC&Rs probably provide that the loser reimburses the winner for its attorney fees. A homeowner who lost such a lawsuit recently won an appeal which reduced the amount the homeowner must reimburse to the HOA from over $1.2 million to only a little over $740,000. 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
Answered on Oct 06th, 2015 at 7:35 PM

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