BY MICHAEL CHULAK Unlocking your wealth When life isn’t all a wash
Our homeowner association has serious water intrusion problems in the common areas. We have attempted several times to obtain a set of plans from the developer without success. What should we do?
Sections 19850 and 19851 of the California Health and Safety Code require that every city or county maintain a copy of the plans for every common interest development during the life of the building(s) for which the building department has issued a permit.
These plans and specifications are open for inspection and may be copied, with some limitations.
Your association board should also contact an attorney who specializes in construction defects as soon as possible. The “statutes of limitation” extinguish the legal rights of the association after the passage of time, as set forth in the various statutes.
I own a townhome, however, I don’t reside in it. Am I still eligible to be a member of the board of directors?
It depends upon your bylaws. Some bylaws permit non-resident owners to be members of the board. Some do not. There is nothing in the California Corporations Code to prohibit you from being a member.
Our association has recently adopted an amendment to our CC&Rs that requires purchasers of homes in our community to put at least 50 percent down. The intention is to discourage buyers who cannot afford to pay our association’s assessments. We are tired of dealing with delinquency problems. Is this amendment enforceable?
Probably not. Courts will not enforce unreasonable restraints on alienation (the sale or leasing of property). A 50 percent down payment requirement will probably be considered unreasonable because most second trust deed lenders do not require such large down payments or equity positions. Your association is effectively in the same position as a second trust deed lender, in terms of risk.
One of the members of our homeowner association refuses to pay her monthly assessments because the developer has not made repairs to the interior of her individual home. The developer is still in control of the association. What should the board do?
The board must enforce the established delinquency policy and should assume no responsibility in assisting the owner in her dispute with the developer. An owner’s dispute with the developer is not an effective defense to the payment of assessments.
Originally published in the Santa Monica Daily Press print edition on November 8, 2006. Read the original PDF.