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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Homeowners' association boards have to follow the rules, too

Power often goes to people's heads. Even when that power only comes from being members of homeowners' association boards, some residents in California communities believe they are no longer subject to the rules, bylaws and covenants, conditions and restrictions set forth for a particular community. When this happens, it may be up to residents to set things right again, which may require litigation.

Litigation is what some residents in an HOA community in the southern part of the country believe they will need to resort to in order to take away the power the current board believes it has. Lead by a state senator, the community's HOA board refuses to step down. The community recently held elections in accordance with its bylaws and rules, and at least some current board members were ousted.

The HOA board, located in an Atlanta, Georgia community, apparently did not like the results of the election. It has refused to release the results of the election, which would put the current board members out of a job. One of the community's members happens to be an attorney who is standing up to the board and says that an individual only needs to receive a majority of the votes. Another resident points out that the board's power is subject to checks and balances built into the bylaws and rules. 

This is just one example of how homeowners' association boards may misuse or overstep their power. When that happens, HOA members have the right to stand up just as these residents did. In order to make an argument that the board cannot dismiss, it may be a good idea to consult with a California attorney who can explain residents' rights and review all of the applicable information in order to provide viable legal options.

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