Board’s strong-arm tactics leave seniors out of the loop

Question: I’m one of many seniors at our very large project. Our board, attorney and management have discovered it’s easy to threaten and scare us, because we have limited means and ability to challenge them. Many of us are in poor health and unable to fight board actions because it uses up all our energy.

When we have asked to see the books and records, the management has told us they don’t have to let us see them. Their employees have insulted us by questioning why we are worried about looking at the books when, in their opinion, we’re “at death’s door.”

The board has devised a way around the Open Meeting Act to prevent us from speaking. Managers compensate carefully selected owners to exhaust allocated speaking time, and place them in front of the speakers’ line. This influences what is written in our minutes.

The speakers start at 6 p.m. and end well after 10:30 p.m. During this speakers’ forum owners endure testimonials about war heroes, recipes, fabricated praises to management and world news updates. We hear everything except association business and the board’s meeting because there’s no time left for that.

Managers plan a board executive session for another day without owners present. The board goes along with it because they do whatever management tells them to do.

We informed the president that he can’t have executive sessions without a board meeting, but he says that’s not the way he interprets the law.

We’ve had special assessments and fees raised solely because the manager told the board to do so, and we’re worried about what this is costing us. Each time we ask for answers, the board’s attorney sends us threatening letters telling us we can’t see the books and that if we continue to ask for them we will be restrained or sued.

We never thought we’d be spending our last years fighting managers and boards, and worrying about going bankrupt. We’re sitting ducks while management and the board drain our finances, jeopardize our health and control our lives.

No one is listening to seniors. What do we do?

Answer: All owners have full rights to access association books and records under Civil Code section 1363(f), or to designate a representative on their behalf under section 1365.2. In accordance with these sections, the “association shall make the accounting books and records and minutes of proceedings of the association available for inspection and copying.”

Corporations Code section 8215 holds employees and agents of a corporation jointly and severally liable for any damages resulting from participating in the making, issuance, delivery or publication of minutes, knowing they are false. This includes “causing” false minutes. An example would be the contrived praises to management you mentioned. When such language is placed in the minutes it can have the legal equivalent of ratifying a management company’s performance without discussion or vote.

The Davis-Stirling Open Meeting Act, Civil Code section 1363.05 was not intended to create an advertising forum to exchange recipes or world news. Its purpose is to enable owners to relay problems or complaints face to face with the decision makers on their board of directors, although speaking time may be limited.

When management employees interfere with association business or operations by instructing owners to sabotage board meetings, this could constitute a breach of their contract and fiduciary duty as your association’s agent.

Executive session cannot be called as a separate meeting or as a meeting on its own. Civil Code section 1363.05(b) provides that an executive session must be adjourned from a duly called board meeting (one that owners have been notified of), and no association board of directors has free rein to convene executive sessions in contravention of the law.

Management employees have no authority to instruct a board to specially assess owners or raise their fees, nor do they have authority to convene board meetings. Only a board of directors can do that.

We are hearing of more instances in which seniors living in association environments fear reporting incidents. Without a report, those who perpetrate such abuses could escape punishment and continue to harm others.

Not all abuse is physical or visual. The Los Angeles County District Attorney’s Office states that “abuse can result from verbal assaults, threats, intimidation, humiliation or isolation and can cause mental and emotional trauma.” Boards and management companies are not immune to liability for this type of abuse.

Report management abuse at the time it occurs, in writing to the board, and demand to know what precautions the association is taking to avoid the harm. Depending on the gravity and type of abuse caused by management, report the abusers to local law enforcement authorities. Fear of retaliation or risk of harm for reporting abuse incidents to authorities needs to be documented in an officer’s report.

If the board fails to stop the abuse or dismiss those causing it, seek legal advice from an attorney specializing in elder law and restraining orders.

Most associations have more owners than board members. Whether ill or incapacitated, owners can still be recognized through proxies or personal representatives and by documenting their views in letters to the board, not to management.

Because board members by law are to act in the best interests of the association, titleholder concerns are sometimes relegated to an inferior status. But titleholders generate the income from which associations operate.

Write the board a final request to see the books and records, allowing no more than 10 days for a response. If the request is ignored or denied again, send copies of your letters and the board’s denial, with a brief explanation requesting immediate intervention, to the Attorney General, P.O. Box 944255, Sacramento, CA 94244-2550. Send copies to your district’s state senator and assembly member, emphasizing that you are a senior and, if applicable, that you believe you’ve been abused.

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Where seniors can turn for help

Free legal services for seniors are provided in every county under the federal Older Americans Act.

Information on these services and additional guidance can be sought from county law librarians and district attorney offices.

Note that law librarians cannot give legal advice but can direct callers to appropriate resources and legal forms.

County law libraries:

* Los Angeles: (213) 629-3531

* Orange County: (714) 834-3397

* Riverside: (951) 955-6350

The California state home page at www.ca.gov provides phone directories and links to all government offices, including district attorney websites. Contact the district attorney’s office to be connected to their Elder Abuse Unit:

* Los Angeles County District Attorney: (213) 974-3783

* Orange County District Attorney: (714) 834-3600

* Riverside County District Attorney: (909) 955-5400

The Administration on Aging, www.aoa.dhhs.gov, provides information for seniors that is easily accessed.

The National Center on Elder Abuse, www.elderabusecenter.org, provides a variety of resources and information. The center can be reached at NCEA@nasua.org or (202) 898-2586. All calls are confidential.

Any senior subject to abuse should contact the Elder Abuse hotline:

* Los Angeles County: (877) 477-4646

* Orange County: (800) 451-5155

* Riverside County: (800) 491-7123

To report attorney threats, download the complaint form from the State Bar of California website at www.calbar.ca.gov.

Information on the legal rights of seniors can also be found at the site, where a free document titled “Seniors & the Law” can be downloaded.

Another resource is the California Department of Aging at www.aging.ca.gov. When filing complaints with any agency, seniors can request anonymity.

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Please send questions to P.O. Box 11843, Marina del Rey, CA 90295 or e-mail your queries to NoExit@mindspring.com.