Q After my recent election to the Board of Directors of our homeowners association, I carefully reviewed our governing documents. I noted that while the CC&Rs require that all buildings be repainted one of five alternative colors,at least two prior boards have ignored this provision of the CC&Rs. This has resulted in several members using unapproved colors. The current board wants to enforce the CC&Rs from this point forward.Are there any problems with this? A Probably not. Unless there has been a clear intention by the association to waive enforcement of a certain use restriction, the failure to enforce it will generally not preclude the association’s right to enforce it in the future so long as the board does not discriminate or act in an arbitrary manner. There are no California statutes that directly address the issue and no California cases precisely on point. Q I own a townhome, but am not on the Board of Directors. While attending a recent board meeting, I asked our management company representative for a current financial statement. I was told that I am only entitled to a year-end report. A No. California law requires a board of directors to provide every member with a year-end financial report, but it does not preclude you from receiving interim reports. You are entitled to a monthly report, less the member delinquency report, but will be required to pay the cost of duplication.
Michael T. Chulak is the founder of Michael T. Chulak & Associates in Agoura Hills. Questions can be sent to For more information, visit www.MTCLaw.com and www.HOAQandA.com.
Originally published in the Santa Monica Daily Press print edition on October 11, 2006. Read the original PDF.