Get 1 year of free community web site hosting from!
Friday, July 10, 2020

HOATalk is a free service of

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Civil Action against BODirector for not enforcing CC&R's
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages


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?



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.


11/08/2005 8:09 PM  

Try 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.


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.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Civil Action against BODirector for not enforcing CC&R's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.

General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement