Rules are Not CC&Rs wrote on Oct 19, 2007 7:59 AM:The author mis-states one issue here. Rules and Regulations and CC&Rs are two different types of documents. CC&Rs control and supercedes Rules and Regulations. Read your CC&Rs, if there isn't any mention of the Board of Directors having the authority to adopt Rules and Regulations (and be careful here, sometimes they can adopt rules pertaining to common areas but not separately owned areas but they unilaterally determine they can adopt rules for the entire development when in reality they can't), the Board may not do so without a vote of the membership. Some CC&Rs require a 2/3 majority, others require a 51% majority. Before any homeowner agrees to abide by Rules and Regulations, first read your CC&Rs to determine if the board even has the authority to adopt a set of rules and regulations. If they don't - tell them so.

Another Fallacy wrote on Oct 19, 2007 8:13 AM:One of the most common statements you will hear from Board members, management companies and association lawyers is that associations protect property value. The next time you hear this political, self-serving spin, tell them to prove it. In reality, there is no correlation between property values and the presence of an association. In fact, the presence of an abusive controlling management company and/or Board is the opposite - falling property values. Look at real estate ads. Those homes without HOA proudly proclaim so as a selling point. What protects property values is pride in ownership and a property owner's desire to live in a beautiful home, nothing more. The only reason for HOA in a single family residence area is to maintain the common area (pool, tennis courts, etc). If your homeowner's association doesn't have a common area and is collecting money from you, you are paying for a management company to drive around the development to look for violations of the CC&Rs, cite your neighbors and collect funds to pay the management company's salary for this service, nothing more. Frankly, this is a waste of money and you could use the money for your own benefit rather than theirs. Think about it.

Ha! wrote on Oct 19, 2007 8:20 AM:My experience with members of the Board of Directors is that they are power hungry, manipulative individuals who don't have a life so they create one being board members. Since the majority of ethical people are too busy with their own lives, running to/from work, kid's soccer, etc., they don't have time to serve on the boards. What is left are people who have nothing better to do every day than get into their neighbor's business and nit pick and control their neighbors. I even had a Board member tell me that she didn't like the plants I was planting and she attempted to have the board order me to plant the plants she wanted. That little dispute cost the association $5000 in ADR and attorney fees and the association paid my attorney fees for my trouble. Thanks neighbors for placing this wonderful woman on the board. She just cost you extra dues to pay my attorney fees.

Respect is Earned wrote on Oct 19, 2007 8:22 AM:Respect is earned, not given freely without question. To unquestionably bow to power, is to invite dictatorship into your home while you pay the bills.

Huh??? wrote on Oct 19, 2007 9:02 AM:Wow, some serious whining going on. I can just hear the foot stomping as this was being written. HOA's deserve the scrutiny and yes sometimes even the scorn they have come under. Even Lynn admits that HOAs have become little city governments, however they have no Brown Act or other oversight until horror stories hit the press. If HOA board members want respect they need to earn it. Put in place some true governance, open up your processes and institute fairness. Otherwise, take your whining elsewhere.

DearJohn wrote on Oct 19, 2007 9:05 AM:HOA boards must earn respect. As a reluctant condo purchaser, I have seen the board in my neighborhood reflect stagnation, fear, and isolation. Yep, it's hard work. I've served on a number of boards, and if you do it to receive accolades, you're going to be bitter, frustrated and potentially punitive. It's public service, on a volunteer basis, and the work never ends. Okay, you got your ... printed. Then the real work begins, using a combination of emails and neighborhood events to create harmony among board members and (most) neighbors.

Floyd wrote on Oct 19, 2007 10:22 AM:No, it's not automatically necessary to follow the rules. Instead, it is up to the Board to eliminate the rules that are causing the problem.

I Won! wrote on Oct 19, 2007 11:38 AM:Contrary to this story, Boards, their management companies and attorneys are notorious for exceeding the authority granted to them by the CC&Rs. Case in point, our board decided to adopt a set of Rules and Regulations. They then decided they were going to selectively enforce those rules against people they didn't like. Unfortunately for them, they targeted me. Four years in the courts, including a round at the Court of Appeals, they finally surrendered and paid me $100,000 for my troubles. Yes, it was worth it. Now 2 of the embarassed board members are selling their houses, one is already gone, the rogue management company and its attorneys are gone, and the members of the association who said 'not my problem' are paying me a monthly settlement for the next 3 years. Morale of the story - read your CC&Rs whether you are board member or a homeowner. If its not spelled out in the CC&Rs - prepare for war and wait, you will win. Invite a few friends along just to get the message across that as a homeowner, you will not tolerate abuse of power by either the Board, its management company or its attorneys.

Jenni G. wrote on Oct 19, 2007 12:12 PM:I read the article and also the comments. The comments only reiterate what John Lynn is saying and the concept of the homeowners. The only other job that is more thankless than a Board member is the property management company. We get the angry homeowner's calls and letters before the Board members see them. We enforce the rules that we have not created, and yet we are the bad guys. We at least get paid, where the Board members are voluntary. So until you have walked in their shoes, show them a little respect. How about reading the rules of your HOA before you close escrow to ensure you are able to abide by them.

The Trouble is wrote on Oct 19, 2007 1:00 PM:HOA enforcement is often carried out with no training. I once planted a common area with wildflower seeds, and after they sprouted, but weeks away from flowering, received a letter demanding I clear the weeds with 7 days. Another time I had a evergreen tree die, and I didn't want to remove it until spring. I just acted indignant, told them it was a rare Brown Pine, and they apologized and it stayed in the ground a few more months.

juancarlos wrote on Oct 19, 2007 2:43 PM:To Rules are Not CC&Rs: Agreed, I didnÕt mention either. I used rules -- lower case -- to include both CC&Rs and the Rules and Regulations that flow from them. To Another Fallacy: The exception doesnÕt make a rule. DonÕt like HOAs? DonÕt live in one. To Ha!: Board members are elected by the majority. DonÕt like the board? Serve on one and see whether you can take the abuse. To Respect is Earned: We all have the right to question government. So? To Huh?: Some serious whining is indeed going on, right here in the responses to the story. And they do have to respect the Brown Act and many do have oversight from professional managment companies. Those are facts, not whines. To Floyd: Wrong, it is up to the membership of an association to voice concerns if they have them. Any democracy needs the input of its people. HOAs are no exception. To I Won: Sad. You had a bad experience with one HOA and now weÕre all to be taken out and flogged?

Mike wrote on Oct 19, 2007 3:31 PM:HOAs are created by Developers for the benefit of Developers....Period. They are then handed off to amatuer volunteers when the money has been made. It then becomes a private government, complete with police powers (to fine) but without any of the Constitutional constraints that 'real' government must abide. They are single party political systems, with no free press, no checks and balances and no independant judiciary(read;Banana Repulic) They are an aberation for every American who must surrender many of the rights guarenteed in the Bill Of Rights, simply to own their home.

john wrote on Oct 19, 2007 6:20 PM:To Mike: Wrong. Boards to have constraints, and they are real governing bodies. And there are checks and balances -- they're called owners. You don't surrender your rights as a citizen in a HOA any more than you do in any city. Cities have the same kinds of restrictions as HOAs. Close neighbors are good neighbors IF they are considerate. Unfortunately many are not. So cities and HOAs have rules. Got a problem with that?

To John wrote on Oct 20, 2007 8:04 AM:John - sorry but you are incorrect. The only oversight of HOA and management companies are the courts. Lawsuits run into the tens of thousands of dollars, and an individual homeowner cannot afford that expense. Boards and management companies are aware of that fact and use it to their advantage. Mike is correct that there are no constitutional rights in HOA. HOA's are not required to provide due process to their members unless the CC&Rs require it, many don't or ignore it even though it is there. Until there is state oversight of management companies and Boards in the DRE, including the right for a homeowner to demand that a third party accountant review the books of the HOA or review the actions by a Board or management company without the expense of a lawsuit, the problems will persist and the abuse will continue.

carol wrote on Oct 20, 2007 10:30 AM:last time I looked, being on an assoc bd was a VOLUNTEER position...certainly cannot be compared to a REAL JOB! So once you 'volunteer' and donate 12-20 hrs per yr, are covered by ins. what is there to complain about except the residents you allegedly 'represent'!? Ha, people get on boards because they think it will benefit them in some way and to hell with the other residents...they are obvious stupid/inept and can't be trusted to act like adults....why else would they get trapped into an association hell?!

john wrote on Oct 20, 2007 1:53 PM:To John and Carol conclude that all HOAs and all boards are jerks, evil empires, idiots or worse. Of course they are wrong, but they'll never accept it. Sad. Some people actually serve because it is needed. Some people actually care.

Mike wrote on Oct 24, 2007 3:32 PM:John, When the fascists came to power they told everyone that if they gave up just a few rights and liberties, that they would make the trains run on time. They lied. There was no shortage of people like you who championed this evil, while taking every advantage they could of the situtation. Only time will determine the truth; that you are a Quesling, a collaborator with an industry of lawyers, property managers and vendors on the payroll of associations. They are putting the elderly and vulnerable out on the streets, and lining their pockets with ill gotten gains. It is a disgrace to our country and the democratic principles that have been purchased with the blood of brave Americans, and traded away by people like you for a few bucks.

Terri wrote on Apr 14, 2008 2:10 PM:I have served as a board member for my neighborhood for the psst 3 years and now it's time for a new members but we weren't able to even get people to come so how do we vote in new members. I would love to stay but we are short a secretary. I want to make some improvments in our neighborhood which by the way only has 16 homes, but if you can't get people to show up at the meeting then how can we ever get anything done? help anyone!!!!!

lawrence wrote on Jul 12, 2008 10:30 AM:why do the members elect those they know that will do the job and then fight them tooth and nail?