Reader Questions - Removal of Pool, Neglected Foreclosed Homes

Dear Mr. Richardson,

Can a board fill and take away the association’s pool without a vote by the owners/Residents? Can HOA Board members meet without the management company? Our management company says no, it’s illegal.

B.D., Riverside

Dear B.D.,

A normal responsibility of a board is to maintain and repair common area. Some governing documents restrict the ability of the board to add or remove common area amenities, but many do not. This may well fall into category of whether the board SHOULD make the decision without community input. Such an action may well be very necessary (expense of pool maintenance, upkeep and heating, for example), but it would be a good idea to have a “town hall” meeting, or perhaps take a poll of the members, to try to find out what the membership wants to do. The decision ultimately is still the board’s to make, but having input from the owners is healthy.

As to meeting without the management company, no, it is not illegal. If the issue to be discussed involves the management company (such as reviewing its contract or its performance), then the company should not be represented at the meeting. Otherwise, managers are usually very helpful and necessary at board meetings.

Thanks,
Kelly

Neglected Foreclosed Homes

Dear Sir,

I live in a 55 and Over HOA. In the course of the last few years, several homes were left by the owners and appropriated by the banks. Of course, with water cut off, the front lawns became brown and weeds grew very tall. What are the HOA legal rights to the outside of the property to stop its dismal look? Can the employees of the community be sent out to clean the lawns and cut the weeds? Can they spray a green organic paint to cover the ground? In short, what can be done by the HOA and how often can the processes be repeated.

We really would like an answer to these questions as our board and management feed us reasons that we do not believe.

In advance, we thank you very much for your help. Regards,

C.C, Banning

Dear C.C.,

Some governing documents allow the association to warn a member and then conduct maintenance and bill or even lien the irresponsible owner.

If not, there is a relatively new state law which can be very helpful, if the city will act. Civil Code Section 2929.3, enacted in 2012, allows a city to impose a fine of $1,000 per day against an owner who takes ownership by foreclosure and then fails to properly maintain the property. Under this law, “failure to maintain” includes: Failure to care for the exterior of the property, letting the landscaping go wild, not removing squatters, or allowing standing water to breed mosquitos.

Unfortunately, instances of a city invoking this law are very rare. Fortunately, the number of properties in foreclosure has substantially decreased – according to Lesley Appleton-Young, chief economist of the California Association of Realtors, sales of bank-foreclosed homes in 2013 dropped by 63% from 2012, and in December 2013 such sales were only 5% of all sales.

A bank which owns an association residence is an association member, and can be disciplined as a member. So, even if the city does not act, your board may. Banks need to be good neighbors too.

Thanks,
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®.