Can HOA Directors be removed, or prevented from running for re-election due to years of their illegal non-compliant conduct?

Asked over 1 year ago - Torrance, CA

Directors violated Civil Codes, taken actions contradicting CC&Rs without owners consent, plus been in non-compliance for years. Making owners pay fine (s) never allowing dispute resolution. Making illegal edicts; without researching legal ability to enact edict. Arbitrary decisions being made without confirming alignment with Civil Codes or Bylaws. Conducting Special Assessment vote in an illegal manner; and saying it passed (when it didn’t pass). Not raising Association Fee for over 14 years, Directors never doing a Reserve Study. Multiple code violations (photographed) working exterior light hanging by wires exposed to rain without any protection Nov-Mar. 2013, rain gutter three stories up loose and continuing to fall away from roof Nov-Jan.2013, multiple trees in utility wires 2011- Mar. 2013, just to name a few incidents. Owners not offered or allowed to perform financial yearly audits, or attend Executive Meetings.

Attorney answers (2)

  1. Michael Raymond Daymude

    Contributor Level 20

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    Lawyers agree

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    Answered . The board and officers can be removed as specified in your CC&Rs or not reelected. It is up to you to gain the support of the other members to make it happen. If you cannot do so on your own, you should personally consult an attorney for legal advice specific to your situation. Good luck.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Nicholas Basil Spirtos

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Your CC&Rs and HOA rules and regulations will tell you how to go about removing current board members. You can also try and get them "removed" by getting other candidates elected.

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