Legal Question in Real Estate Law in California

.I need to know who can be allowed to sign checks for our condominiums operations.. Everyone says that Condominium Board members should sign jointly with our management company.We have a Management company headed by a licensed real estate broker.

She says that our previous Management companies were not licensed and so Condominium Board members could sign checks.

The broker says because she is licensed, the Department of Real Estate says only people in her company can sign, not the Condominium Board members.

I just want to find whether she is correct.


Asked on 10/13/10, 3:10 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

I do not know the law directly covering that situation, but I would think she ils wrong. The Homeowners own the condo assets and can elect a Board to represent them and deal wlith the sale of those assets or the encumberance of those assets. An individual homeowner does not need a real estate license to sell their own house or contract to hire someone to paint it. I doubt an elected Board is any different.

Demand that she produce the law, regulation, or whatever she is relying upon and read it to see what the situation is. Only if there is a law or rule clearly supporting her is she correct. There is a satewide or perhaps even ntaion -wide condominuim association that your condo association might aalready be a member of that can provide legal advice; the Department of Real Estate should also be able to answer your question or point you to the law on it.

If she is wrong, the Board should consider firing her because she does not know the law, is arrogant, and can not be trusted as to future such decisions.

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Answered on 10/18/10, 3:24 pm


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