Q&A: Owners should try to break down a language barrier

Question: Our development is in an area that has a fast-growing immigrant population, and most owners and board directors don’t speak English. The management company now also has non-English-speaking employees.

Management conducts board meetings and provides minutes and other board actions in another language. Also, the board fails to follow association rules for providing meeting notices, agendas, budgets and financial reports, and it ignores quorum requirements.

What do the few English-speaking owners do when everyone else speaks another language? Can management legally act in place of the board? Is there a law saying we have to speak English? Can anything be done about this, or do I have to move?

Answer: The United States has no national language, and although English is the official language of California, this pertains only to official state business, not the operation of a homeowner association. Because there is no law making English mandatory or preferred, it is unclear whether an association could take any steps to require its business to be conducted in English.

The board should take all actions reasonably required to include as many titleholders in the association’s official business as possible.

If English is not the dominant language at your association and if the board and majority of owners speak another language, then English may not be the most efficient language to use.

However, translators should be provided for any language represented by a significant minority and, if needed, documents should be provided in multiple languages at the association’s expense. Where such simple steps can be taken toward being more inclusive to titleholders of diverse backgrounds, the board should do so.

If there is one predominant language spoken by the owners but no significant representation for other languages, then the board should consider allowing owners to provide their own translators and no board actions should interfere with this process.

As fiduciaries, association board directors cannot delegate their duties, even to a management company. Managers and management companies are third-party vendors, no different from gardeners, plumbers, electricians or lawyers; they are not board directors and cannot perform non-delegable duties.

Managers have a contractual agreement with the association to provide services, but they are not elected to serve on the board. They have no fiduciary duties to perform, and they are not obligated to do anything other than what is stated in their contract.

Where directors rely on such third parties to perform board director duties, they are risking a denial of coverage by association insurers should there be a lawsuit related to performance or lack of performance of board responsibilities.

Get together with the English-speaking owners. Write a letter to the board and have it translated into the language that the board speaks. Explain that you wish to protect your interests by taking part in your community and association operations. Consider having a lawyer write the letter to ensure it is legally sound, and send copies to all titleholders, as well as to the association’s attorney if there is one.

Not being able to protect your assets because you don’t know or understand what’s going on at your association may be worse than selling and moving.

Zachary Levine, a partner at Wolk & Levine, a business and intellectual property law firm, co-wrote this column. Vanitzian is an arbitrator and mediator. Send questions to Donie Vanitzian, JD, P.O. Box 10490, Marina del Rey, CA 90295 or noexit@mindspring.com.