In this particular situation, the fine is several hundred dollars, the HOA meeting is held 350 miles away (and the board refuses to change the location) and notice of non-attendance was shared with the board prior to the meeting. If the CC&Rs have a clause stating a fine would be applied for non-attendance does that make a difference, or is that clause even legal?
The CC&Rs are binding on all homeowners in an HOA. It is the contract between you and the HOA. Following the CC&Rs are mandatory and not optional. The Board by law has to enforce the CC&Rs, they actually have personal liability if they do not. If the CC&Rs state the fine for non-attendance, then they absolutely can and must fine you.
General Practice Lawyer
Usually the board holds meetings where required by the CC&Rs, or designated in the meeting. But my concern is whether the meeting was set up 350 miles away from where the property is located, or 350 miles away from where you are located? In other words, are you living somewhere else, and the meeting was far from where you live, or was the meeting far from where the property was located that is subject to the CC&Rs?
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Yes, a non-participation fine would be legal if set forth in the HOA's CC&Rs or Rules & Regulations.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Wills and Living Wills Lawyer
Is this because they need a qurom to avoid the expense of re-noticing the hearing. If so, it may be possible to give one of the board members your proxy.
www.michielawfirm.com I guess I would not feel lawyerly unless I wrote a disclaimer to this answer - after all, that is what we lawyers are trained to do. So here it is. Disclaimer: Trying to provide a complete answer to a brief question without meeting the questioner and without getting all the facts is much like internet dating. Despite what you have been told by the person you have met online (and they tend to always put everything in the best light for themselves), once you meet them face to face you realize how much has been left out. People tend to bend the facts and there is always the other side to the story. So, this answer is about as valuable as the price that was paid for it. It should not be considered legal advice. It is meant as a general overview of how the law could apply to a very broad set of facts that may not have any applicability to the actual circumstances of the person making the question. It is hoped to provide some understanding of the broad field of law that could come into play. No attorney-client relationship has been formed with the questioner and no attorney client relationship was ever anticipated by my response to this question. I would also like to remind you that I am only licensed in the State of California, and the answer provided is based upon my knowledge of California law.
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