Can the HOA Board of Directors refuse to share what each Board Member voted on a matter listed in the Monthly Meeting Minutes ?
Dean's answer
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Answered on August 02, 2016
Answers by previous counsel are correct. I would like to add that there currently is no law which requires an HOA to note what the vote of each...
HOA discrimination/harassment over hardwood flooring installation.
Dean's answer
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Answered on August 02, 2016
From the facts presented you likely have several bases for legal action against the association: 1. Breach of Fiduciary Duty; 2. Interference with...
HOA will not enforce "noxious nuisance" clause in CC&R in regards to neighbor's second hand smoking. Do I have legal recourse?
Dean's answer
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Answered on August 02, 2016
I agree with previous counsel. You state that the "HOA" says, but you do not state in what forum. In addition to hearing your complaints at an...
Archived
Can I sue my HOA and their Farmers Insurance and/or the contractor they sent to work in my home?
Dean's answer
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Answered on July 29, 2016
You have a complicated set of fact that cannot be adequately answered in a forum like this. I strongly recommend that you seek counsel from an...
Archived
What can I do when the data processing service claims i did not pay my June HOA dues when I did
Dean's answer
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Answered on July 25, 2016
You have an absolute riight to an accounting. And proof of when your payment was made and when it was credited. But your request must be in...
Archived
Does Corp. Code Section 7516 use of therm "members" include the Board of Directors?
Dean's answer
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Answered on July 25, 2016
The short answer is no. That section refers to member meetings as in the membership of the association. But the good news is that under Corp code...
Archived
Is there any legal action a HOA member take against the HOA Agent who tells a member/plaintiff in a civil
that he does not
Dean's answer
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Answered on July 22, 2016
Absolutely. If you are in a lawsuit you have the power of a subpoena to require the production of documents and testimony under oath. What you...
Archived
Can the President of the BOD of The HOA while he is out of country designate under the Corporations Code a non member
Dean's answer
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Answered on July 21, 2016
You will need to review your association bylaws to be sure. But as a general rule, a board president is empowered without board authority to "have...
Archived
ACCORDING to the HOA CC&Rs, the insurer indeminfies the Board and Agent and covers their legal fees. But not in cases of gross
Dean's answer
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Answered on July 21, 2016
I agree with previous counsel. CC&Rs may define duties between the Association and its agents including board members, but it cannot dictate...
Archived
Can I as member/owner of a HOA whose corporate status is suspended be sued by another member and defend against the lawsuit?
Dean's answer
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Answered on July 17, 2016
No. Aboslutely untrue if you are being sued in your individual/homeowner/member status and not as an officer or director of the corporation. Good...
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