Legal Question in Real Estate Law in California

Who do I contact in the State of California regarding an HO Association? I want to know some information about who can be on the board, how to form a landscape committee, and other items that I believe as a homeowner I am entitled to view. There is a renter on the board that makes decisions on who to send to collections and helps vote on where our money goes. I have requested numerous times for someone from the management company to show me where it states this in our Bylaws, or CC&R's, but have yet to get a direct answer. Only that the associations attorney has viewed the documents and stated anyone can be on the board. But I do not find that any my paperwork.

Asked on 8/28/13, 8:45 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It seems to me that full and proper answers to your doubts and suspicions would require, not only access to papers containing the information and a person or persons to state what they think the information means, but also someone on your own side to interpret and weight the truth of what you're told or allowed to read. Therefore, I'm going to suggest that you retain -- or at least consult with -- a local attorney who does HOA work. Obviously, not one who has any prior connection with your HOA.

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Answered on 8/28/13, 8:59 am

Timothy McCormick Libris Solutions - Dispute Resolution Services

I agree with Mr. Whipple. You can get your CC&R's from the County Recorder. You are entitled to a copy of your Bylaws as a HOA member. Enforcement of home owner's rights in HOA's, however, is a private law matter. There is no HOA Police you can go to. You have to hire an attorney or take them on yourself.

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Answered on 8/28/13, 9:53 am

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