Can recalled directors be re elected during the new election?Is it like starting from sq 1 & the 5 people w/ the most votes win?
Dean's answer
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Answered on May 17, 2016
Simply stated: Yes. If the recall is successful the same board members that were on the recalled board can immediatly run for re-election. It...
Archived
Can I sue my association ?
Dean's answer
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Answered on May 17, 2016
I agree with prior counsel's assessment and recommendation to consult with an attorney with HOA experience. There are three concepts you should...
Archived
Do I have to give specific reasons why we want to recall them or do we just start a petition &serve them it,What do we do next?
Dean's answer
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Answered on May 15, 2016
The By-laws along with the Civil Code and Corporation's code have the answers but you would be well served to retain a real estate/HOA attorney...
Archived
Is the condo unit owner financially responsible to remove tiling approved prior to present HOA?
Dean's answer
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Answered on May 09, 2016
Whether you are required to take out the tile at all, or pay for taking it out will depend upon the language of the covenants conditions and...
Archived
Is it normal for a Property Managing Agent or Company to proide the lawyer to a member of the HOA who was personally injured on
Dean's answer
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Answered on May 09, 2016
What you describe would not be normal. In fact it sounds like it would be a serious conflict of interest. The managing agent has an obligation to...
Archived
Do I have a case to sue the HOA, the landlord, or renter?
Dean's answer
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Answered on May 05, 2016
Under the facts you presented you could likely sue your neighbor and HOA and prevail against both. The renter has a duty not to cause you harm. ...
Archived
Does it benefit the HOA to keep a lien on a property where the homeowner is 14 months behind in mortgage payments?
Dean's answer
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Answered on May 02, 2016
I agree with the previous attorneys advice. And in this case you are already working with a collection attorney. I would not do anything without...
Can a HOA make a homeowner pay for legal fees?
Dean's answer
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Answered on April 24, 2016
You are likely correct on both points. Certainly "The Act" only allows attorneys fees when a party is determined a "prevailing party." But that...
Archived
If the corporate stats of a HOA is suspended for whatever, are they allowed to enter into a contract with a managing agent for
Dean's answer
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Answered on April 17, 2016
Ms. Yuan makes a good point. The other side of the same coin is that the Association cannot enforce the contract against the management company...
Archived
Adopting a policy or a rule for video recording of Board meetings in a California HOA
Dean's answer
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Answered on April 17, 2016
Mr. Brown makes a very good point.But the other side of the coin is but if you know you do want a policy or rule regarding videotaping I would...
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