Executive Session attendance

Two questions.
1. Is an Executive Session legal regarding landscaping violations and can HOA membership attend and is such meeting legal.
2. Can the HOA member request their landscaping violiation/questions be held at a general membership meeting.

Southern California - New HOA ( 1 year )

This is the law in California:

(h) When the board of directors is to meet to consider or impose discipline upon a member, the board shall notify the member in writing, by either personal delivery or first-class mail, at least 10 days prior to the meeting. The notification shall contain, at a minimum, the date, time, and place of the meeting, the nature of the alleged violation for which a member may be disciplined, and a statement that the member has a right to attend and may address the board at the meeting. The board of directors of the association shall meet in executive session IF REQUESTED by the member being disciplined. If the board imposes discipline on a member, the board shall provide the member a written notification of the disciplinary action, by either personal delivery or first-class mail, within 15 days following the action. A disciplinary action shall not be effective against a member unless the board fulfills the requirements of this subdivision

Our experience is, the Board always meets in executive session to crucify the members of this association, will not allow other members or witnesses to attend and fails to give any reason other than "they don't like it" to impose monetary penalties.

As stated somewhere else on these forums, the Boards are above the law with the management companies backing them up. What is a homeowner to do?

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Roger,

I see you are from a management company. Perhaps you are a good manager and play by the rules. But, this is California and more often than not, you will see many many many complaints about the management companies. With the help of the Davis Stirling Act the odds have been stacked against the homeowners in the associations.

There are few options when dealing with the Boards or the management companies. The attorneys are CAI, the mediation companies are CAI, the managers are CAI and the Boards might as well be CAI. No one is held responsible for their actions except the homeowners.

Homeowners can't get rid of the management company. The Board has to do that. As far as our Board is concerned, the management company is great. Our complaints fall on deaf ears and we pay for the abuse.

Don't get me wrong. I don't mind living in an association. It has it's benefits. My problem is all the actions or words the homeowners have expressed means nothing. But again, it goes back to the Davis-Stirling Act. We have recalled a Board of Directors. A worse Board was elected. There are many other examples too numerous to mention.

California is making an effort to change things but at the moment if you don't have the money to back you (which most people don't) you can't win. You know homeowners can't win, if you are honest. Legal fees and years in court can destroy a homeowner. And it all boils down to the original contract we all signed, many of us not knowing what we signed.

We bought this house 20 years ago. We were told it was a HOA. We weren't told until AFTER we signed on the dotted line what belonging to an HOA meant. That is when we received the governing documents and all that goes with it. The real estate agent was far from honest.

I have been online for five years now finding out everything I can about California CIDs. I have testified in Sacramento. I have sent hundreds of letters to the legislature. I have stood up to the Boards to my own detriment more than once.

Telling me to do something about it is like saying if you don't like it move. Can't do that. Our investment in this association is more than money. It blood and sweat and tears many times over. There isn't anyone going to tell me to leave until I am ready to go DESPITE anyones best efforts.

And, I like keeping them on their toes.

Yes, KathyS, very well stated. Don't lose touch; we need people like you so that we can eventually take back our HOAs. If you come up with a way to do that, please post it!
EdR

What you are trying to get to is called "Due Process". An excellent resource for Califoria CID Law is www.davis-striling.com

Here is what they have to say about Due Process:

Although suspension of voting rights may be done without a hearing, penalties such as fines and suspension of privileges cannot be imposed unless due process has been followed. This includes disciplinary action for repeat violations. "Due process" is procedural fairness in the board's decision-making process. The process must be fair and reasonable, and not arbitrary or capricious. Ironwood v. Solomon.

Elements of Due Process. The elements of due process include: (i) giving the accused notice of the alleged violation; (ii) providing a reasonable opportunity for the person to defend themselves; (iii) knowing the identity of the accuser; and (iv) giving the accused an opportunity to examine and refute the evidence. Applebaum v. Board of Directors (1980) 104 Cal.App.3d 648, 657; Carson v. Glass Bottle Blowers (1951) 37 Cal.2d 134, 144; Civil Code §1363(h); Civil Code §1363.05(b); Corp. Code §7341(c)(3).

When Violations Occur. Before imposing penalties, associations should do the following:
1.Notice of Procedures. The procedure for imposing penalties or suspending membership privileges must be in the governing documents. In the alternative, it must be annually sent to all members. Corp. Code §7341(c)(1).

2.Notice of Hearing. The person must be given written notice of the violation and hearing by personal delivery or first-class mail, at least 10 days prior to the meeting at which monetary penalties are imposed (unless the governing documents provide for a longer notice period). Civil Code §1363(h). For suspension of privileges, the notice must be at least 15 days prior to the hearing. Corp. Code §7341(d). The notice must be reasonably calculated to provide actual notice to the member. Corp. Code §7341(d). The notice must contain the following:

•The date, time, and place of the hearing,

•The nature of the alleged violation for which a member may be disciplined, and

•A statement that the member has a right to attend the hearing and present evidence in his/her defense. Civil Code §1363(h). See sample notice.

3.Executive Session. Hearings should always be in executive session. Members have the right to submit their defense in writing rather than make an appearance before the board. Corp. Code §7341(c)(3).

4.Defense. The accused has the right to know the identity of his/her accuser and must have an opportunity to examine and refute the evidence. This may include questions during the hearing.

5.Decision. Unless the association's governing documents provide for a longer notice period, notice of the board's decision must be given by personal delivery or first-class mail within 15 days following the board's decision Civil Code §1363(h); Corp. Code §7341(c)(2).

Appeals and IDR. Depending on the circumstances, owners who have been disciplined may have a right to appeal the decision. Internal and alternative dispute resolution may have a role in the disciplinary process. See flowchart.

Read more: Due process http://www.davis-stirling.com/DueProcess/tabid/730/Default.aspx#ixzz1OBSrEVJ9
from Davis-Stirling.com by Adams Kessler PLC