‘Tyrannical’ Board Criticized for Parking Fines
QUESTION: We have a tyrannical board of directors that levies fines for parking violations and other infractions. It’s my understanding that only the rulings of the U.S. Supreme Court are not subject to judicial review by a higher court.
Yet our board levies unfair fines, giving no consideration to our owners or their circumstances. It seems that the board’s main goal is to make life miserable for the rest of the owners. There are about 1,000 units in our complex, and many of the owners are tired of putting up with this board’s nonsense. How can we appeal their unfair actions?
ANSWER: Some board members feel that once they are elected, they don’t have to listen to the homeowners who elected them. They lose sight of the democratic process. I’ve heard a board president say to a homeowner, “You elected us to run this association, now shut up and let us run it!” At the next annual meeting, this man was not reelected.
Boards have a responsibility to govern the association. Most boards try to do so in the best interests of the association as a whole.
Homeowners have a responsibility to obey the governing documents and rules and regulations. However, all homeowners have rights!
You have a right to a hearing before the board to explain your feelings and ask for their consideration if there are reasons for your infractions. The board should not levy a fine until after it has given you the opportunity to appear at a hearing (due process).
If you wish to appeal the board’s action, consult your association’s governing documents to see what procedure to follow. Try to work this out amicably with your board. In too many situations like this, resentments lead to litigation, which should always be the last resort.
If a majority of owners are dissatisfied with the board, you should have no difficulty getting a petition signed by other homeowners requesting a change in enforcement procedures. If the board does not respond to your petition, your easiest recourse is to vote them out at the next election.
Association Can’t Get Meeting Quorum
Q: We have a large number of units in our homeowners association that the owners have rented to tenants. What happens when the percentage of non-resident owners is so high that it is impossible to get a quorum at our annual meetings?
A: Your association’s governing documents should stipulate the percentage required for a quorum. You cannot legally conduct a meeting if you don’t have a quorum. The meeting would have to be postponed.
Many associations have conducted “get-out-and-vote” campaigns by knocking on doors and reminding resident owners to attend or send a proxy. Non-resident owners often want to participate in the voting process and must be given the opportunity to do so.
Most association documents allow proxies to be used for quorum and voting purposes. The official notice of the annual meeting should include a proxy form that can be returned to the board if the owner is unable to attend.
Limited Partnership Has Board Control
Q: After eight years, the developer of our complex still owns 51 of the 65 units. Three board members are from the developer’s limited partnership, so that he controls all board action. How can the other 14 owners amend the CC&Rs; to provide for one vote per member rather than one vote per unit?
A: The 14 individual owners make up only 22% of the total membership. Under the circumstances you will be unable to amend the CC&Rs.; It would probably not be legal to restrict the owner of 78% of the units to only one vote.
It looks like you are stuck in an association that will continue to be controlled by the limited partnership that owns the majority of the units. If the board is not acting in the best interest of the entire association, then you may have to initiate legal action to make your voice heard. Again, legal action should be a last resort. You may decide that selling your unit is the preferable solution.
Hickenbottom is president of the Greater Los Angeles chapter of the Community Assns. Institute (CAI), a national nonprofit research and educational organization. She welcomes readers’ questions, but cannot answer them individually. Readers with questions or comments can write to her in care of “Condo Q&A;,” CAI, P.O. Box 84303, Los Angeles 90073.
