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Feldsott Lee Pagano & Canfield
Orange County Homeowners Association Law Firm

Can the new HOA board change the old one's decisions?

Many California residents like to think that there is some semblance of democracy when living in a residential community. The homeowners elect the HOA board, which then enforces the community's laws. However, as is the case with any governing body, the newly elected officials sometimes attempt to reverse or otherwise override the decisions of the prior board.

For instance, a man in another state says that the previous HOA board approved a playground for his daughter, who was returning home soon after a kidney transplant. The man felt that his daughter needed something positive, normal and fun to come home to after her ordeal. The previous board agreed with him.

Now, a new board was voted in, and it wants the playground removed. The board claims that it needs to be removed in order to maintain the continuity and harmony of the Wisconsin neighborhood. Neighbors who were asked to weigh in on the presence of the playground and newly planted trees did not have an issue with it. In fact, one homeowner commented that if it raises the property values in the neighborhood, he is all for it. The situation has reached the point where attorneys are now involved.

Anytime a homeowner believes that the HOA board has overstepped its bounds or made a decision contrary to the rules, covenants, conditions and restrictions of the community, along with its bylaws, it may be a good idea to explore all of the available options for rectifying the situation. The first step would probably involve a thorough review of all of the relevant documentation to determine the homeowner's rights and responsibilities. Understanding California's HOA laws is not always an easy task, so it may be a good idea to enlist the aid of an attorney before proceeding.

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