The manager doesn’t work for you, for example, they work for the association.
There are HOA myths that are harmful. Here are some of the most common ones.Most HOA homebuyers read their purchase contract but ignore the CC&Rs, bylaws, and rules. Those documents are binding whether or not they are reviewed, so avoid surprises and read them.Condominium association balconies are usually an exclusive use common area.
Discussions regarding the appointment of officers and board or committee vacancies are “personnel” decisions. While personnel decisions are reserved for closed board discussion under Civil Code 4935, volunteers are not “personnel”. Only persons receiving paychecks from the HOA are employees and therefore “personnel”.The board, not the president, is the decider in associations. HOA presidents have much less power than for-profit corporate presidents. Healthy associations understand this and govern with boards led by their presidents.Boards must budget for reasonably anticipated expenses.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit column questions to
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