Reader Questions - Affiliated Company, Dog Complaints

c c & rs h o a homefront reader questions Feb 02, 2015

Dear Kelly,

Our management company also owns a maintenance company and seems to get all the work in the HOA. The board awarded him a paint contract after he received the bids of three paint contractors, which he managed to underbid. Of course all bids went to him. It wasn’t long before it all went south and they awarded the rest of the contract to a real paint contractor. No homeowners were involved in this process and it was never discussed in open meeting until well after the fact. 

I recently suggested that the HOA is in violation of Davis Stirling if they allow this company to be the Inspector of Elections. There is a feeling of distrust of this management company and this board.

Sincerely,

B.R., San Diego

Dear B.R.,

When a management company owns an affiliated service company seeking association work, vendor hiring becomes more complicated for the board. Yes, sometimes the affiliated company is able to serve the association at a lower cost, but sometimes the affiliated company is more convenient but not less expensive. If the management firm has an affiliated company which might perform the work, it cannot be allowed to see competing bids, or it has an unfair advantage. Keep it fair, and make sure the bidders are all qualified.

Under Civil Code 5110(b), ongoing HOA vendors (including management) can serve as Inspector of Elections if the written election rules specifically allow it. However, I suggest managers not do so. The association manager (and also the lawyer) should be assisting the one or three Inspectors, who can be professional inspectors or volunteers.

Thanks,
Kelly

Dear Mr. Richardson,

I have dogs and clean up after them on a weekly basis. My neighbor complained that there is a horrible smell. I wrote an appeal to the nuisance notice, saying cleaning up once a week is reasonable.

I was informed I could attend the Board meeting, but I said I couldn’t attend and was told they would send a notice with the new date. Instead, I was sent a letter advising that a decision had been made regarding my appeal and asking that I clean up daily.

Am I legally obligated to pick up the waste daily since the Board is “asking” me to pick up daily as opposed to their stating in the CC&Rs owners/tenants are required to pick up waste in a specific time frame? It’s nearly impossible for me to clean up daily.

Sincerely,

L.S., Oak Park

Dear L.S.,

Even if the governing documents do not specifically say how often you need to clean up, there probably is a general provision barring nuisance. If the smell would bother the ordinary neighbor, it needs to be cleaned up more often.

As to disciplinary hearings, Civil Code 5855 requires you be given notice, but it does not require that you be present for the hearing to proceed. If you cannot attend the hearing in person, and the board will not reschedule, at least send a written explanation of your position on the proposed discipline.

Even though it may be difficult to clean up after your dogs more often, it sounds as though you need to figure out how to do it and be a better neighbor in this regard.

Best,
Kelly


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.