Board Has Power to OK Special Assessments

QUESTION: The board of directors of our condominium complex has approved a $350 special assessment. They did not call a special meeting to discuss it with all of the owners. We have been told that we must pay the special assessment on time or we will have to pay late charges. Shouldn’t the owners be allowed to vote on a special assessment?

ANSWER: The board has the authority to adopt the annual budget and approve special assessments. If the special assessment is more than 5% of the annual assessment, then the board should allow the owners to vote on the issue.

California law allows special assessments of more than 5% for emergencies. If the special assessment is necessary due to an emergency that is a threat to health and safety of owners, then the board must act immediately. A vote of the owners would not be required. The board does have an obligation to communicate with the owners regarding the reasons for the special assessment.

An association board usually approves a special assessment only if it is absolutely necessary. No one likes a special assessment, especially the board members who are often subjected to criticism regarding financial matters.

Board members sometimes postpone budget increases or vote against special assessments because they are afraid of criticism from their neighbors. Board members have a responsibility to act in the best interests of the association, even when their decisions are unpopular.

Owners should support the board and value their experience unless there is a reason to suspect that they are poor decision makers.

Talk to Attorney About Difficult Neighbor

Q: How do conflicts get resolved when you live in a two-unit condominium? These two-unit condos are very popular in the Redondo Beach area. The owner of the other unit completely ignores the legal documents and rules. He allows his unsupervised children and their friends to play in the common area with skateboards, knives and arrows. He has leased the guest parking space to his boarders and uses the common area for a parking lot so that when I want to leave my garage, I have to ring his doorbell to ask them to move their cars.

He has moved or chopped down trees and plants in the common area without regard for my rights or wishes. A next-door neighbor’s tree was hanging over our driveway so he chopped it down.

I have tried to talk to him about these problems. He becomes hysterical and accuses me of being mentally ill. He is an attorney and his standard response is, “Sue me.”

I cannot afford to sue him. What recourse do I have against this bully?

A: In a two-unit condominium, rule enforcement is nearly impossible with an uncooperative owner. I urge you to seek the advice of an attorney immediately. Discuss all options including injunction or lawsuit. If you win a lawsuit, you may be able to recover your legal fees from your opponent. Win or lose, you still have to put up with this unreasonable neighbor.

Perhaps the easy way out would be to offer to sell your unit to him. If he will purchase your unit, it will eliminate the need for legal expenses. Good luck!

Appeal Board Ruling on Room Addition

Q: My wife and I own a two-story townhouse. Because of an illness, my wife is unable to use the stairs. Since our unit is on the end of a row of townhouses, we would like to build a one-room addition on the ground floor. I submitted our idea to the architectural committee. Even though I explained our reason for the addition and assured them that it would conform to the existing structure’s appearance, our request was denied.

My wife and I are both disabled, and we do not want to have to sell our unit and move. What can we do?

A: Do you own the land where the room would be built? If you are asking to build your addition on common area that belongs to the association, then neither the architectural committee nor the board of directors would have the authority to grant your request.

Find out why your request was denied. If you feel that you want to overturn the decision, ask to appear at the next meeting of the board of directors to appeal the architectural committee’s ruling.

The association has the authority and the responsibility to control architectural changes. If you are turned down by both the architectural committee and the board of directors, then you will have to decide whether you want to challenge their decision in court. An attorney can advise you as to the strength of your case.

Remind Board Member of Obligations of Post

Q: I am the manager of a condominium association. It is becoming very difficult to deal with one of the association board members who makes demands that are unreasonable and unfair. He appears to be serving on the board for his own selfish reasons. When he needs something done in his unit, he expects the maintenance man to be his handyman.

Recently, an electrician was doing some work for the association, and this board member wanted an outlet repaired in his unit. He wanted the electrician to add it to the association’s bill. The electrician refused to do the work. The board member wanted me to persuade the electrician, but I declined. Now he is mad at me.

I am ready to resign even though I really like my job and most of the owners are very pleasant. What can I do?

A: You work for all the owners and have an obligation to act in the best interests of the association as a whole. You and the employees you supervise should not do special favors for any of the board members or owners.

Most association managers are faced with this kind of problem from time to time. Now you have let this person know that you will not cooperate in obtaining services for him so he is angry with you. If it happens again, remind him of your obligation to all the owners. Don’t give in to his demands.

Before resigning from a job that you like, I suggest that you inform the other board members. The board should reinforce your position and prevent this man from pressuring you.

Hickenbottom is past 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;,” Box 5068, Thousand Oaks, Calif. 91360.