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Subject: Civil Action against BODirector for not enforcing CC&R's
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DanF
(California)

Posts:6


11/04/2005 12:09 PM  
This pertains to a California HOA.

Our Board President was informed by another board director that two members were in violation of two different CC&R's. One is for storing an RV on their driveway which is strictly prohibited. There is no wording that allows any director to compromise this regulation.

Another member has violated a street parking rule by keeping a trailer in front of their home for long periods of time. There is a two day limit for any vehicle, but in this case, it's a trailer which is prohibited unless of course they are moving in or bringing in materials on a temporary basis. It appears that the trailer is going much further than the regulation allows.

Apparently, the Board President seems unwilling to bring any action against these two members regarding their violations. I have verbally advised the board director who informed me of these matters that I requested him to speak with the Board President to take action to have the vehicles removed, otherwise, I will file a formal letter to take action.

Within the past few months, the Board met with an attorney specializing in homeowner associations with respect to another member who refused to obey the same two rules cited above. The attorney advised the board that the CC&R's apply EQUALLY to all members, and that they can not do selective enforcement of the CC&R's.

A formal letter (writen by several members) was written to the Board regarding this particular member's violations. In this case, they did take action, in person, and by a formal letter. Ultimately, because the vehicle was very old and looked more like a junk vehicle sitting on their driveway for months, one of the board members managed to get the city involved, and they placed a pending removal notice on their vehicle. Ultimately, they moved the vehicle as the member did not want the city to impound it.

The Davis-Sterling Act which regulates California homeowners associations is vague on many matters. In my case, it seems that if the Board President refuses to enforce the CC&R's EQUALLY against all violations that I may have to go through a mediation process before I can take any civil action either by filing a direct complaint with the municipal court, or through hiring of an attorney.

I would like to receive any advice on this matter, especially if I can bypass the mediation and the attorney, and going directly to the court by filing a civil action of the failure of the Board President to enforce the CC&R's. Is this possible?



LisaS
(Illinois)

Posts:341


11/08/2005 4:36 PM  
Just curious- Can you file against one Board member in California when in fact the entire Board is charged with the enforcement of the rules (even if it is against them)? It would appear to be selective as well.

I don't live in California, I am in Illinois. And here you would have to really do soemthing egregious to have an action filed against you as a Board member. For the most part, we are exempt.
KathyS
(California)

Posts:145


11/08/2005 8:09 PM  
Dan,

Try www.davis-stirling.com. There is a lot of valuable information for people in California Associations if you want to see it from a CAI lawyer's perspective.

You, as a member have a right to mediation with the homeowner who is in violation or the Board who refuses to enforce the CC+R's. If you have mediation with the Board it costs you nothing. The association has to pay. If you take them to court, you may lose and you may be responsible for huge lawyer fees. Think before you take that action. Is it worth thousands of dollars to you if you lose?

Either way, you are bound to make enemies.
DonnaS
(Tennessee)

Posts:5671


07/12/2006 7:43 AM  

Lisa S. Board member or not, no one is exempt from obeying the covenants. And if a Board member is involved in a voilation which then goes to litigation, the offending Board member would not be allowed to vote on any matters concerning that litigation.
Board members are supposed to set examples of covenant compliance to the rest of the community. I'd get him off of the Board.
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