What items might be important for a buyer to review when they are considering buying a condominium or home in a common interest development?

CONDOGURU: Certainly, the governing documents are a given. The governing documents are defined in these web pages and include the regulatory documents and rules and regulations. There are other things that a prospective buyer could look at that would give them some idea of the status of matters within the association and how well it is run. However, a prospective buyer have to understand that the association cannot freely send out information of a private nature, for example, rules, policies, minutes of meetings, etc., without the sellers making the request and giving authorization, since the seller is the one that has the legal relationship with the association. Buyers should ask to see minutes, financial reports, budgets and reserve studies and review expenditures and whether the budget is realistic, what big expenditures are planned in the future, and whether any problems are indicated. Find out more on this issue by searching the articles, publications, legal briefs, and forms.

How do we get rid of a board member or board we don't like?

CONDOGURU: It is not easy to get rid of a board member or the entire board while their terms are running. The best way to get rid of a board you think is doing something wrong is to mount a campaign for an election (which usually occurs at the annual meeting). Run for the board yourself and try and get other people to run. Set up a slate of candidates and go door to door to get the homeowners support. If you are not willing to make that kind of an effort, or you cannot wait for an election, then you will have to look at other options. Board members can be removed by order of the court for incompetency or criminal activities. Otherwise, board members can be removed only by election of the membership. The process is complicated, technical, and often arduous and painful, but there is a process. Find out more on this issue by searching the articles, publications, legal briefs, and forms.

What if I keep getting letters in the mail about violations and/or fines for things I am not doing?

CONDOGURU: It would be best to get in contact with the party who is writing the letters and set them straight. If they don't believe you, you may have to provide some kind of evidence or backup. It is best to make sure there is some kind of paper trail in the records indicating that you have tried to resolve the problem and pointed out the differences to the manager or the board. You could approach the board of directors at a homeowners meeting, as the board is required to let the homeowners speak at meetings (although the board is entitled to set reasonable limits on the time that homeowners can speak). It is usually best to get some written record before the association if there is a mistake, rather than to ignore it or rely completely on oral representations. Find out more on this issue by searching the articles, publications, legal briefs, and forms.

What if I don't want the board telling me what to do in my own home?

Condoguru: Many people who buy in homeowner associations don't realize that the board generally has the right to pursue violations and impose disciplinary penalties on residents who violate the Declaration, the CC&Rs; or rules of the association. The board usually has authority to set rules, based on authority that is given in the Declaration or Bylaws to do so, and those rules usually can include fines or other penalties. The board's authority extends only as outlined in the governing documents. Many of the disputes in an association over conduct, use of the property, and what one can do in ones home, are the subject of differences of opinion, and often those differences come from a lack of education and understanding as to what each parties rights and responsibilities are. If you think the board is exceeding its authority, the first thing you should do is educate yourself on what the limitations on that authority are, by reviewing all of the governing documents for the association, and looking for articles in this website and through the other resources that would help you understand what the board can and cannot do, and what you can and cannot do. Once you have educated yourself, you are much more likely to approach the problem in a reasonable and rationale way (I hope). It is my experience that boards do not like to be "attacked" and it is much more difficult to garner cooperation once a person has angered the board of directors. Shields and barriers go up when matters are handled in a confrontational way. Find out more on this issue by searching the articles, publications, legal briefs, and forms.

The roof is leaking, my furniture and wall furnishings are damaged, and I want to know who is responsible?

Condoguru: The answer depends on a number of things, starting with the governing documents for the association. These documents outline the rights and responsibilities as between the association and the homeowners. The answer may be clear, and might most commonly be found in the CC&Rs, rules or policies of the association. If the answer is not clear from the documents, then one needs to look to things like whether there was negligence on the part of either party (in other words, one party or the other was responsible for the problem or acted irresponsibly in someway). One factor for consideration might be past practice (since consistent enforcement of the governing documents is important). Insurance policies factor into the equation. Generally, for homeowners, the best protection for damage to property from things like roof leaks comes from insurance that you purchase to protect your personal property. Generally, the association is responsible to maintain only the common area (meaning the roofs, walls, etc., in a condominium development), and the owners are responsible for maintaining a repairing anything that is damaged in the interior of the unit. However, responsibility can shift based on the particular circumstances that cause the leak and cause the damage to the property. Find out more on this issue by searching the articles, publications, legal briefs, and forms.

I want to paint my front door, hang wind chimes, extend my deck, have a garage sale, or something else like that. May I do it?

Condoguru: What any resident in a homeowners association or common interest development may or may not do is dictated by authority in the governing documents, which include (in addition to other documents listed in the definitions on the glossary page) the CC&Rs; and any rules adopted by the board. Sometimes the above-mentioned and other activities are prohibited, and sometimes they are not mentioned anywhere. Most changes to the exterior of a unit or construction that affects common area requires some sort of approval, and generally that approval is done by an architectural committee, another committee, or the board. Often times, certain activities are prohibited like garage sales, under provisions relating to restrictions on commercial activities. Something like hanging wind chimes or doing anything that creates extra noise may not be mentioned specifically, but may fall under the usual "nuisance prohibitions" in the CC&Rs; and rules. One has to use some common sense when they move into a common interest development and ask the question: "Will what I am going to do affect my neighbors in any way?" If the answer to that question is yes, than the next inquiry would be: "Then what, if anything, must I do to eliminate adverse consequences or minimize negative impact?" Common sense goes a long way in homeowner associations, and elsewhere in the world. In regard to disputes over things that people do, the biggest problem seems to stem from the fact that the homeowner did not make a simple inquiry at the beginning, but instead, assumed the position that he or she could do whatever they wanted, because it was a free country. When one lives in the country, with no close neighbors, one can do just about anything one wants to do, at least to the extent it is not illegal. As one moves closer toward the City, and then into it into more populated areas, the layers of restrictions imposed by the county, the city, and in a homeowners association, create layer upon layer of restrictions that are geared to remind those that have little regard for others that there are some reasonable parameters, the more dense the communities become. People don't always see those restrictions as a benefit to the community. They don't often stop to think how many of the restrictions might improve their own quality of life; they focus instead what prevents them from doing something that they do like. However, as with any rule, there are exceptions, and some boards do become over-zealous with the rules and restrictions and enforcement of the CC&Rs;. Some create "nazi-like" police states and other enforce only against people they don't consider to be their friends. Find out more on this issue by searching the articles, publications, legal briefs, and forms.

How do we get beyond the legal gobbledegook that we are given at close of escrow (or before - to review), and determine what is important??

CONDOGURU: Look deeper into this website, and you will get many answers. A good place to start would be the link to governing documents . There is a difference between living in a community that has CC&Rs and living in a community that does not, living in a community that has a homeowners' association and living in a community that does not, living in community with rules and living in a subdivision with no rules, other than local ordinances. You could seek out information through articles, publications, the industry groups, the local library, or a professional, which might include a reserve study preparer, an attorney, a manager, or someone who can at least tell them where to look in the governing documents. The importance of understanding the legal documents is as important as financial documents, a ranking right up there with the importance of having a termite inspection, a chimney inspection, a pool inspection, or a house inspection. It is worth paying the right kind of expert to do those things and provide you with a report or even an oral consultation, Q&A session, or analysis. Find out more on this issue by searching the articles, publications, legal briefs, and forms.

How do we convince a manager or board that a new law or new procedure that is required by law exists?

CONDOGURU: You don't always need to pay an attorney to convince a board that they should be doing something the right way. If you belong to any of the industry organizations like CAI, ECHO, or CACM, then you are probably receiving valuable communications that are written by lawyers, insurance brokers, vendors, contractors, and other professionals, about specific problems that HOAs face, and that propose remedies and ways to resolve those problems, or deal with the legal ramifications. I, for example, write publications for all three industry groups, and distribute my own publications. Many of us explain the new laws each year and give boards of directors direction as to how to comply in these articles. If you present this type of information to the board of directors, you may accomplish your goal. Taking matters a step further and asking to make these articles part of the written HOA records creates a paper trail showing that you brought the information to the board. It is likely that if the article is helpful, conveys the message you are trying to convey, and is written by a professional, that the board might be more inclined to pay serious attention to it. You can also get on the CLAC mailing list (Community Associations Institute - California Legislative Action Committee) by supporting CLAC. Find out more on this issue by searching the articles, publications, legal briefs, and forms.