Question:
1. The HOA withheld my pool / clubhouse key for 8 months after I purchased my home for no valid reason. They first said the lock didn’t work, then I had to wait 9 months for the attorney to prepare a new liability form, then they said the attorney advised them to withhold it until they were sure I didn’t have an airbnb, which I do not have as I live there.
2. They spent $2,000 on a Xmas party ($1K for food; $1K for alcohol) for the board members and their spouses.
Because of the above I’ve asked for the VP and Treasurer to resign. They haven’t. I told them when board members are aware other board members are out of control they need to reign them in and, if they don’t, they should ask them to resign. They haven’t.
They are not providing minutes in a timely fashion and, when they do, they do not include what the members bring up. I’ve documented this and formally requested in writing to receive the minutes via email from June of 2022 to present, and all future minutes but they are ignoring all of my complaints and concerns.
– Pamela
Answer:
Generally, an HOA cannot restrict your access to common amenities unless the governing documents allow the association to suspend a member’s privileges following a violation. Using HOA funds to hold a holiday party for the board is also a misuse of funds, as the board has a fiduciary duty to act in the best interest of the community. Homeowners also have a right to inspect the association’s records, including the minutes of the meeting. Though, this right is subject to certain limitations and requirements.
If asking the board members to resign did not work, you may remove board members from their positions as per California law. Your bylaws may also have additional requirements for the removal of a board director.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
