Can a Majority of Owners Amend the CC&Rs;?

QUESTION: I live in a six-unit condominium. Four of the owners say that they are a majority and that they can change the CC&Rs; at any time. The other two owners are very concerned about this. Can four of the six owners change the CC&Rs; without the consent of the other two owners?

ANSWER: Read your declaration (CC&Rs;) to find the amendment procedures for your association’s documents. Some declarations specifically prohibit amendments. If the declaration can be amended but does not stipulate the procedures for amendment, then you must refer to the California Civil Code, Section 1355 and 1356, which is available at your public library.

Section 1355 (a) states that “. . . an amendment is effective after (1) the approval of the percentage of owners required by the governing documents has been given, (2) the fact has been certified in a writing executed and acknowledged by the officer designated in the declaration or by the association for that purpose, or if no one is designated, by the president of the association, and (3) that writing has been recorded in each county in which a portion of the common interest development is located.”

Non-Tenant Children Use Pool Uninvited

Q: We live in a five-unit association in North Hollywood. We occasionally have neighborhood youngsters (not children of our residents) who let themselves in and use our pool. They range from 10 to 16 years. Needless to say, we are concerned about our liability in the event that one of these uninvited children gets injured or drowns.

The two pool gates automatically close and lock; however, it is quite easy to reach over the top of the gates and turn the inside knob to gain access.

Would it be legal to install self-locking latches on these gates that would require a key to exit from the pool area and to enter the pool area?

I called the Los Angeles city attorney’s office and they could not provide an answer.

A: I am aware of other associations that have the kind of locks that you describe. Check with your local code enforcement officers to find out what health and safety codes or ordinances might apply to this situation. The codes vary from city to city, so I do not want to give an answer that would apply only in North Hollywood.

Discuss your concerns with your insurance agent. If you are aware that these children are using the pool without permission, you must be honest with your agent and ask for advice on obtaining insurance coverage that will protect you from liability.

You may want to call the police the next time you catch the children in the pool without permission.

Complex Deteriorating Under Veteran Leader

Q: I live in a 40-unit condominium in Palm Springs that has had the same president/manager for 14 years. The owners have never received a financial statement or an audit report. Our assessments are $200 per month.

The condition of our property continues to deteriorate, and the owners have no input even when services are being cut. One of the swimming pools has been shut down and appears to be permanently closed. Three men on the board of directors are non-resident owners who have their units listed for sale. They seem to allow the president to do anything.

I, like most of my neighbors, cannot afford to move. We are elderly folk who feel that we are being ripped off. What can we do?

A: Ask to address the board at the next meeting so that you can request attention to the maintenance items that are being neglected. If the board is not scheduling regular meetings, send a letter to all the board members stating your concerns and requesting a response by a reasonable date.

You are entitled to review the minutes of prior board meetings so that you can find out what is happening in your association.

California statute provides that association members are entitled to receive a copy of an annual financial report prepared by a state-licensed accountant for any year in which the gross income to the association is greater than $75,000. A copy of the review (report) should be distributed 120 days after the end of the fiscal year.

Your association’s annual assessment income is $96,000, so ask for your copy of the most recent annual review. If you do not receive it, put your request in writing and continue to pursue the matter until you get some action.

It seems that this board has lost sight of its fiduciary responsibility to run the association properly. If this board is unresponsive, you and other concerned owners will need to find members who are willing to serve on the board and perform their duties as board members responsibly.

Work to get these new people elected. This may not be easy, but the amount of money that you have invested in your home is definitely worth the time and effort.

If malfeasance or misappropriation of funds is discovered, then perhaps you will need to pool your resources and hire an attorney to represent you and the other owners.