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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Homeowners' association members challenge board's rule

Living in a residential neighborhood here in California often comes with certain obligations to the whole community. One of those obligations could include being part of and paying dues to a homeowners' association. As homeowners' association members, residents are required to adhere to certain rules, conditions, covenants and restrictions, which are enforced by the board.

HOA boards tend to have quite a bit of power, and some members may not like what they see. For instance, some HOA members in another state are taking issue with the rules regarding the board election process. According to reports, the rules indicate that the sitting board nominates potential future board members.

It does not take much thought to see why some members disagree with this rule. When human nature is taken into account, it is not difficult to see that bias could play a role in the nominations. In fact, in the nominations for the board of the Vermont HOA in question resulted in just four people being put up for a vote -- and only four vacancies existed. The current board claims that the bylaws allow this scenario, which does not seem democratic at all.

This is just one example of how a board may use the rules and bylaws to its advantage. California homeowners' association members who disagree with these seemingly unfair and one-sided types of rules and bylaws may want to challenge them as these members did. Before doing so, it may be beneficial to obtain a thorough review and explanation of the bylaws and rules to ascertain what potential legal options would be available for challenging, and perhaps changing, the rules.

Source: dvalnews.com, "Pair challenges association election process", Mike Eldred, May 24, 2018

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