Homeowners Association Disputes

Denial of access to records by the Association
Civil Code section 1365.2 states that a homeowner within a community association is entitled to examine the financial records of the Association and the Association is required to produce these records within a specified period of time. The Association declines to produce the requested records or refuses to produce the records on a timely basis or charges excessive fees. We represent the property owner in obtaining records the property owner is entitled to receive from the Association.

Fines and assessments of the Association
A property owner inadvertently neglects to pay Association dues one month.  When the property owner realizes this the following month, the property owner pays two months of Association dues. The Association refuses to accept the check because it does not include late fees and interest for the first month. The property owner requests the Association to explain the basis for the late fees and interest for the first month. After the property owner receives the explanation, the property owner decides to pay the dues with the late fees and interest. Once again, the Association does not accept the payment because the Association is demanding an additional payment for attorney’s fees incurred by the Association. We represent property owners who have been subjected to unfair, unreasonable or illegal fines and assessments.

Rule making of the Association
The Association is entitled to make rules to govern the Association. However, the rules cannot be unreasonable, arbitrary or unfair. One Association made a rule that prohibits an owner from renting his house. We would initiate action to invalidate this rule.

Irregularities in voting, elections and recall of Board members.
In a hotly contested election, there are often disputes as to which ballots and/or proxies can be counted, whether persons can vote at the annual meeting, how do you determine a quorum and what happens in a tie vote.  There are circumstances when members wish to recall the Board of Directors.  As may be expected, the Board of Directors do not wish to be recalled. Therefore, the Board of Directors sometimes imposes obstacles in the path of persons seeking a recall. We assist you with voting, elections and recall issues.