Homeowners must be notified about board changes

Question: I own a home in Northern California that’s part of a homeowners association, but I do not presently reside there.

Recently, there was an annual homeowners association meeting and election of new board members. I contacted the association’s management company and requested the names of the new and current board members.

The manager wrote that because of privacy reasons, she could not furnish me with the names, and that all correspondence concerning the association was to go through her. I wrote back stating that the association has a duty to inform the members who the current board members are, but she ignored me. Other than bringing a civil action, how can I get this information?

Answer: No statute supports the denial of your request for the names of elected board members. A homeowners association board of directors’ duty is to abide by the law. Under Civil Code Section 1357.140(g), “As soon as possible after the close of voting, but not more than 15 days after the close of voting, the board of directors shall provide notice of the results of a member vote held . . . to every association member.” Delivery of notice for election results to all members is subject to Civil Code Section 1350.7. These duties, however, cannot be delegated.

A management company is a third-party vendor that bids and then contracts with the association to provide services and is no different than contracting with gardeners, plumbers, accountants, attorneys and the like. Owners must understand the distinctions among the different parties and the legal obligations for each.

Boards cannot delegate their director duties or directorships to a manager, nor can they hide their names behind a management company merely because it may be unpleasant to answer pressing questions from owners.

The manager’s directions emanate from the board. As the association’s agent or employee, the manager is not in a position to ignore you or any titleholder. Managers cannot act unilaterally; they must still bring the business of the association, including owner complaints, directly to the board for action.

Even if instructed in writing by the board to do otherwise, the communication process for an owner entails addressing correspondence directly to the board regarding queries, problems and complaints. In addition, and only if required by the board to do so, owners can provide management with the pertinent information.

Write to the board of directors demanding notice of the election results and requesting copies of minutes for the board meeting held after the election, at which board positions were filled. Whether requested or not, the election notice must be distributed to all titleholders within 15 days after the vote. Minutes and most other document demands, including copies of the notice, must be provided to you within 30 days of your request. Hopefully, these actions will bring about the desired results.

If documents are not provided in a timely way, an owner can then file in Small Claims Court. Should the court find that the association unreasonably withheld the notice or minutes, it can award an additional $500 in damages to the owner for each document unreasonably withheld.

As a prelude to an alternative dispute resolution, or if the action involves enforcement of governing documents, the owner may utilize the “Request for Resolution” procedures in Civil Code Section 1369.530 in the Davis-Stirling Act.

This is not necessary, however, to file a Small Claims action.

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Send questions to P.O. Box 11843, Marina del Rey, CA 90295 or e-mail noexit@mindspring.com.