Question:
Hello,
My son and daughter-in-law are the owners-of-record of the townhome we live in. I pay the HOA monthly dues directly to the Association’s Management.
Under California Law:
Can I be a member of the Board of the HOA?
Am I allowed to attend and speak at Board meetings?
Can my son or daughter-in-law submit a Proxy statement allowing me to be their voting representative for HOA issues/votes?
The management company tells me that under California Law proxies can only be given to other owners in a HOA or to the management company, but I cannot find this in the California Laws governing HOAs.
Thank you,
– Frank
Answer:
Hi Frank,
According to the Davis-Stirling Common Interest Development Act Section 4925, any member may attend and speak at board meetings that are not held in executive session. However, the term ‘member’ is defined as someone who owns a separate interest, therefore residents who are not owners may not be members. They may not have the right to speak or attend board meetings.
As for proxies, the management company may be referring to Section 5130, which defines proxies as a written authorization signed by a member or the authorized representative of the member that gives another member or members the power to vote on behalf of that member. The terms “another member or members” may indicate that non-member residents may not serve as proxies.
As for running for the board, Section 5105(b) states that: “an association shall disqualify a person from a nomination as a candidate for not being a member of the association at the time of the nomination.” Hence, non-member residents may not be allowed to run for the board.
Kindly also check your governing documents to see whether or not there are provisions that non-member residents can attend and participate in board meetings, elections, or serve as proxies. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
