Our HOA reserve fund is 560% over funded. Amounts to $11,000 per member of overfunding. Is there a legal way to refund this.
Dean's answer
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Answered on July 26, 2015
I'm sure you have heard this before but that's a pretty good problem to have. I know that the Ca. Corporation's Code contains a statute that...
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Can my HOA make me remove my drive way extension but approved another property on my street? Both are outside of the regs.
Dean's answer
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Answered on July 17, 2015
I agree with Mr. Moss. And you have identified two very strong defenses to an enforcement action against you. The first is a defense based on...
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I live in a town home community and a camera has been set up in the pool area to watch the pool, is this legal?
Dean's answer
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Answered on July 17, 2015
I agree with Attorney Moss. On the surface of things placing a camera in the common area to monitor a pool is considered a reasonable step to...
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Would it be a crime to "run" a security gate at a homeowner's association?
Dean's answer
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Answered on July 15, 2015
I agree with all counsel before me. And there is something very important that you are apparently not considering: the possible effect your...
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Does an HOA or property management of an HOA have to release expense information related to damage repairs made by the HOA?
Dean's answer
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Answered on July 09, 2015
I do not know the answer off the top of my head, but you can find it in the Davis-Stirling Common Interest Development Act which is part of the...
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Real Estate Law - Conflict of Interest?
Dean's answer
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Answered on July 08, 2015
A board of directors owes a fiduciary duty to the association as a business entity and to its members to not waste funds or take business advantage...
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Do I need a real estate attorney to help make my Home Owners Association enforce the CC&Rs?
Dean's answer
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Answered on July 07, 2015
I agree with both counsel that have already answered. And I do think it will be important to make sure the real estate attorney that you meet with...
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As Treasurer, board director of housing cooperative, the management company we hired has demanded I don't attend budget/finance
Dean's answer
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Answered on July 05, 2015
First, you should recognize that your rights as a board member and treasurer are paramount over your rights as a shareholder. Officers and board...
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The HOA is flip-flopping on who is is responsible for the tile roof
Homeowner or HOA
Dean's answer
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Answered on June 27, 2015
Your questions are reasonable and the apparent inconsistency of the positions questionable. However, your answers cannot be answered with any...
I live on social security, have no $ and can't pay sky high HOA back dues. Bank is now foreclosing. What is likely outcome?
Dean's answer
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Answered on June 24, 2015
Each one of the attorneys that have answered are correct. The only thing that I might add is that it is very Important that you meet with the...
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