Question:
Can a HOA board and HOA Management company tell a subcontracting security company not to do their job, ie., not to enforce the rules and regulations of the community as written in their contract with the security company? If we live in what is supposed to be a gated community and there has been a fatality at the front gate, how long can the HOA and HOA Management company keep the gate wide open without keeping the community safe and secured? It happened on December 6, 2024 and the gate is still not secured.
– Suzanne
Answer:
Hi Suzanne,
In California, a homeowners association and its management company cannot instruct a security contractor to ignore duties that are clearly defined in a valid, enforceable contract. If the agreement with the security company requires enforcement of the HOA’s rules and regulations, the board and management company must honor those terms unless both parties amend the contract through proper legal procedure.
Directing security to disregard its enforcement role may be a breach of contract and could expose the HOA to liability, especially if it results in safety issues, unequal enforcement, or harm to residents.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
