First, I would talk to the President of the HOA Board of Directors and to any of the directors you know personally.
If they won't help, then your CC&Rs REQUIRE the HOA to have an Internal Dispute Resolution process. Check your CC&Rs and follow the process. If your CC&Rs don't have such a provision, then there is a default IDR providion in the Davis Stirlilng Act in the California Civil Code. It requires the Board to appoint someone to discuss the problem and try to work it out.
If that doesn't work, next you want to request mediation by a neutral independent third party. That means somone who is not in the HOA and not with the management company. There are lawyers, retired judges, and other professionals who have special training and experience helping opposing parties negotitate compromises. Check your CC&Rs. They may provide for such a process. Again, the Davis Stirling Act REQUIRES the HOA Board to participate.
If the Board stil refuses to replace the roof and inspect behind the walls, ceiling and floor for dry rot and mold, then you may need to go to arbitration or a lawsuit. Check your CC&Rs, some require mediaion or the appointment of a referre by a court judge.
Don't stop paying your monthly assessments. They have nothing to do with this problem, and the HOA needs them to do what it needs to do in the way of operations and maintenance. The HOA has the power to assess late charges and penalties, to put a lien on your home, and to sell your home to pay the delinquency. The attorney fees for all of this get added on and can end up costing more than the unpaid monthly dues and late charges.
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 Jul 13th, 2015 at 9:43 AM