Reader Questions - Two Sides of the Coin

board members c c & rs h o a homefront reader questions May 25, 2015

Kelly Richardson,

We have lived in three HOAs over the past 30 years. What we have found lately is that no one wants anything to do with the HOA. It is almost impossible to get any knowledgeable candidates to be on the boards or to get anyone in the association to take the time to vote for them. 30% is a good turnout. In our last election this year, we asked 10 owners to volunteer-none did.

Worse is the dictator mentality of some of the board members. The CC&Rs are for “them not for me.”

Most disturbing are the changes in the state requirements for HOA operation. HOAs are being treated like mini cities. HOAs do not have the funding or the experienced members to do that level of details even with a manager. The state imposes the Davis-Stirling Act on HOAs but does not allow any property taxes to be used for their support. Many HOAs are self-governed without a professional manager.

To find housing in non-HOAs you must go to older parts of towns that do not have them. I see only one reason for the HOA and that is to try to keep the properties in good shape. Otherwise they are a big pain for all owners.

J.R., Lompoc

Kelly,

I did read your article in the paper and I have to say I disagree with [your statement] “that Board service is a privilege,” because it is anything but.

I have been on the Board for 8 consecutive years. Guess I must be a glutton for punishment, because over these years I have been subjected to nothing but whining and criticism from the very few homeowners that attend meetings. As for the rest, they exhibit nothing but sheer apathy when it comes to volunteering for candidate positions on the Board or the committees. I have finally decided not to “run for office” anymore after this my ninth year because I’m just burned out from this thankless position.

T.F., Orange

Dear T.F. and J.R.,

Sorry to read of your frustrations. Communities are made up of homeowners, and are what homeowners make them. Common interest developments make ownership in desirable areas more available and affordable as land is increasingly scarce, but the shared ownership concept is not for everyone. In column #163 I addressed factors which can discourage participation (www.hoahomefront.com).

Homeowner associations run best with a good manager and directors who understand their role as one of service, not control. Most modern subdivisions are common interest developments, so it behooves volunteers, directors, managers and their attorneys to figure out how to make them work. One helpful resource is www.responsiblecommunities.com, a CAI site for homeowner volunteers.

The Legislature has not made it easier, as J.R. points out. Small HOAs have to follow the same requirements as the very large associations. The increasingly technical Davis-Stirling Act really does not work for the small associations, many of which give up and largely ignore the Act.

You have two choices in dealing with HOA frustrations – either get involved and work to make things better, or disengage and don’t worry about it. Pick one, and be happy!

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®.