California Condo & HOA Law

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April 28, 2008

LEASE LIMITATION PROVISIONS – WHAT IS THE LEGISLATURE DOING IN CALIFORNIA?

AB 2259, introduced by Assembly Member Mullin, most recently amended the ASSEMBLY on MARCH 28, 2008, places limitations on enforcing lease limitation restrictions. The bill, if approved by the Assembly and Senate and signed into law, would amend Section 1368 of the Civil Code (which relates to disclosures upon sale) and would add Section 1360.2 to the Civil Code which would provide protection to owners who are in opposition to leasing restrictions by giving them vested rights (explained below) that except them from approval of rental limitation restrictions by the necessary percentage of members.

The legislature put this language right in the bill: “SECTION 1. The Legislature finds and declares that the rights of common interest development owners to rent or lease their properties, as the rights existed at the time they acquired them, should be protected by the State of California, and the rights of subsequent owners should be governed by the status of those rights at the time they acquire them.” Of course, they are talking about lease limitation restrictions in this bill, but this wording signifies many lawmakers’ mindset, i.e., that restrictions in the documents should be frozen in time for each owner, which is in direct opposition to a long string of appellate case findings that uphold amendments to the documents based on the premise that when an owner purchases in an HOA, they do so with the understanding that the documents can be revised and changed by a majority or supermajority of owners.

More specifically on the issue of each Owner’s rights, the bill says: The right of an owner in a common interest development to rent or lease his or her separate interest, as vested at the time the ownership began, shall not be restricted during the duration of ownership, except as provided in subdivision (b).” Do you see what this means? The word “vesting” means that each Owner would be protected as their rights to lease cannot be changed after purchase.

The only exception would be that an owner could waive their “vested right” described above, under Section (b) of the statute, which says: “(b) An owner of an interest in a common interest development may waive the right related to the renting or leasing of an ownership interest vested in the owner at the time ownership commenced, pursuant to procedures established by the common interest development to facilitate the a waiver.”

This means that the HOA could adopt procedures giving owners the option to waive their rights. Such a waiver could be written in as a “grandfathering” of all current owners which is sometimes done, though not all attorneys agree that it should be done. It would seem to resolve the issue of any owner who does not want to be subject to the restriction. Watch the bill, it may change. At this time it is not an outright prohibition on leasing restrictions but that could change. There are many that oppose the bill, including the CAI California Legislative Action Committee. Others are proposing amendments.

This is a controversial bill, on a controversial topic. Watch my website (http://www.californiacondoguru.com) for updates on the blog, and check out the current article about "Lease Limitatiion Amendments - Are They Legal In California?" Also, I will be doing an E-Newsletter on the subject so go to the website and sign up to receive it – its free! And it might be an indicator that if a Board is considering proposing such an amendment, now might be a good time. The bill if signed into law will change things.

Posted by Beth Grimm at 10:41 PM

WHAT’S NOT TO LOVE ABOUT YOUR NEW CONDO!

How about something upbeat? Because of my new book, I have been asked to write articles for several blog groups. Each has their own preference for content. Being asked to address what is positive about living in a condo reminded me, and might remind you, of the reason many people in California purchase condos.

***

So you are in your new condo! What do you do now? … Enjoy… and if you understand a just a few simple things about what you bought, it make things even better.

A Different Type of Ownership: You probably own what is commonly described as a “unit” which is often further defined as airspace within walls, a floor and a ceiling. It’s similar to owning an apartment but there is much more to it than that. In most cases, you share with your neighbors ownership of everything else, including any pools, clubhouses, all the amenities, and the buildings that house all of the units. Thus, while it may seem strange at first, there can be some real comfort in this. You share the benefits of amenities that would otherwise be quite expensive. And you have others that share in the burdens of decision making and responsibility. You have a group to share maintenance costs, replacement of roofs, insurance, pool repairs, and economy of scale in almost all things. Take heart, owners of single family homes are on their own.

Other Good Things:

“Lock and Go”: When you leave for work every day, or on a vacation for a week or a month, there is still activity (“life”) going on all around your unit while you are gone. It’s usually much more protected than a home sitting vacant, newspapers piling up, no car in the driveway, no lights. It can reduce the risks considerably.

Running the “Ranch”. You have the opportunity to help make decisions by participating in the association governance (as opposed to being under the thumb of a landlord). As an owner, you can serve on the Board, all you have to do is “show up” and you probably will be get the opportunity to serve.

No Lawn To Mow, Weekend Maintenance to Do: You will probably find that you have more time on your hands because your weekends won’t be eaten up by the need to mow the lawn, trim the bushes, or clean the gutters. Yay! Plan that day trip.

Stress Relief. If you do not want to exercise your brain and acumen in helping to make big decisions about the property, you can sit back, relax, and leave it to someone else. Of course, your association is served volunteers so you should take your turn.

You Belong to Something! You are part of a community when you own a condo, a community that is as good as its owners. Meet your neighbors. Talk “across the proverbial fence”. Get involved and be a good pillar.

How To Stay Happy, and Get The Most Out Of Your New Community!

Being a good neighbor will help you enjoy your home and your community. Keeping the noise down to a reasonable level, using your garage for your vehicles instead of storage, lining your drapes with neutral colored liners, keeping your pets inside or on leashes, picking up after them, exercising common courtesies, and safe driving through the complex are things that you can do to set a good example and to engender like behavior from your neighbors. And there is value in having rules and regulations and honoring them. When you live in a condo, it’s true that there are some regulations and restrictions that you would see in a single family home. But if you need help “encouraging” others to be good neighbors, these restrictions and rules can come in handy. The Association can often be more effective than waiting for the fiscally-strapped Cities to enforce ordinances.

Keep these things in mind when wondering.

Posted by Beth Grimm at 9:03 PM

April 15, 2008

What Can You Do If Your HOA Board is Out of Control?

My Board is Out of Control - Is it time for action? What Can I do?

If the board is not responsive to your “ideas”, you may want to try and enlist the support of other owners. There is sometimes “power in numbers”. In California, there are laws regulating condominiums that allow homeowner members to have access to the membership list, and if not that, provide a means for owners to address other members through mailings sent out by the association board, staff, or management. It is never a good idea to stomp through the neighborhoods with vitriolic leaflets expressing your disdain. You may find yourself with followers if you take out a negative message about the board or management, but they may not be the kind of followers that can help you garner respect for your cause.

Here are some things to consider:

**Contact other owners and see if you can get others involved. Sometimes gathering support for a position or demand can prod the Board into action. If you try, and are still the only owner concerned, you have a real uphill battle to get the board’s attention focused on your issues.

**Run for the Board. Sometimes you can get on the Board simply by asking - especially if there is not a full board or someone has just quit or moved. Then you will know why/whether/what is happening.

**Put your request in writing and try again to get neighbors to sign on with you in your presentation. A written message engenders more accountability than a frustrated telephone call or “attack” whenever you run into a board member out walking the complex or swimming at the pool.

**Sometimes (although do not do this without considerable thought) you might just decide – “to heck with it, I am going to just repair whatever it is that needs fixing (if that is the crux of your complaint) and then seeking reimbursement from the board. You have to be careful here. It make sense to test this action on a small scale meaning at a cost less than what you can ask for in small claims court. It is possible that you may not recover compensation. Worse yet, you may be penalized for taking whatever action it is you believe is warranted, so it is best obviously to get legal advice first to see if your "beef" is legitimate.

These and other suggestions appear in my book THE CONDO ANSWER BOOK, available through my website at http://www.californiacondoguru.com

Posted by Beth Grimm at 10:13 PM

How To Communicate Concerns in Your HOA

Ranting, Raving, Cussing, Threatening, Yelling ... are these ways to get attention? Yes they are. But are they the way to get the right kind of attention? The answer is "no". If you want to get the right kind of attention to your concerns in your HOA, try a balanced written communication. Take advice from my recently released book THE CONDO ANSWER BOOK which can be purchased through my website at http://www.californiacondoguru.com. A lot of people write to me and want some "inexpensive advice." I guess it is time to start talking about a helpful resource close to my heart. Here is a passage from the book with helpful advice.

"Showing interest by attending meetings would seem to be the best place to start developing a relationship with the board. Providing questions, concerns or demands in writing may be the method most likely to engender a response and deserved accountability, especially if a board does not appear to be responsive. It is harder to ignore the piece of paper than a face-to-face request which can be dismissed with an: 'I will look into it.'

A written presentation serves several valuable purposes:

[*] It Tends to Illustrate A More “Thoughtful” Approach. A writing tends to force a person to think things through in terms of organization, structure and message, which often presents a more cohesive and understandable demand, question or concern.

[*] It More Likely Assures Delivery of An Accurate Message. A writing gives the recipient of the message the opportunity to deliver it as stated by the writer to all parties that need to see it, which is much more likely to be accurate than the "telephone game" which leads to paraphrasing and re-paraphrasing which often leads to an incorrect message, and which also often gets sprinkled with personal "flavor" as it is passed along.

[*] A Pragmatic Written Presentation of Materials Avoids Idiocy in Delivery (Usually). A writing tends to (although not always the case) be presented in a less offensive manner than a personal affront or confrontation involving "demands", because it tends to temper the emotion somewhat. When you are trying to make a point, you need a process that will allow you to think clearly. Often when people start speaking from a level of frustration, they feed off of it and the message gets skewed or lost. Who wants to look bad on paper? Spouting epithets or threats on paper or otherwise is not advisable under any circumstances, but on paper, they cannot be retracted. You can count a strike against your cause if your demands erupt into a non-cohesive rant or something more. The board will give the message less credibility - the directors may not even finish listening or reading the message if it is offensive in nature. Dissatisfaction, complaints and discrepancies can be noted in a non-confrontational nature. Even better, if you can offer possible solutions to the problems raised, your message may even receive praise, accolades, or a “thank you”.

[*] A Written Message Gives The Recipient a Better Opportunity to Fully “Digest” the Message. Confronting board members with a complicated message given orally may cause a good portion of the message to be lost. The method of delivery plays a large part, but human capacity (or lack thereof) causes part of every message to be lost in translation. If a board member has anything else on their mind when you approach them (a very likely scenario), your message will not receive undivided attention.

[*] Creation of a (Good) Paper Trail. A writing creates a "record" that is hard to ignore and that tends to invite a response, even if just to avoid appearing unresponsive.

[*] Credibility. If it comes down to needing credible evidence either to share with other owners whom you might want to enlist, an attorney with whom you might want to consult, or seeking objective review of a demand, a writing creates a "record" that speaks louder than "he said, she said" types of testimony.

One cannot stress too much the importance of a good, solid written paper trail. It is hard to ignore if matters escalate to needing a third party intervention - like court - to get relief to demands that are made and ignored. Hearing officers even in small claims court, should matters "escalate" to this step, will often ask the party with the demands if they have presented them to the other side in writing, before coming to court. Some small claims judges will not entertain a claim if no written demand was presented before filing the complaint that started the proceeding. A party can say "I called them 10 times and demanded that ...." - which is less compelling (since there is no record of what was said other than testimony) than a well constructed written "demand" providing clearly what it is you want, what the authority is that entitles you to have it, and how urgent it is that you have it including what losses you have incurred because you did not get it."

Take my word for it, a well written, well researched presentation is likely to get a better result than an "attack" on the only people that can help, i.e., the Board.

Posted by Beth Grimm at 10:02 PM

April 13, 2008

Damned If You Do - Damned If You Don't - Foreclose That Is.

Did you have those kind of parents that taught you about balance, using frustrating phrases like: "Well its six of one and half dozen of the other." Or "Do You want the glass half full, or half empty?" Or "Looks like you let yourself get caught between a rock and a hard place."

HOAs in California (and I am hearing elsewhere in the country as well) are damned if they do, and damned if they don't - vigorously collect delinquent assessments, that is. I hate to swear, but this is an issue serious enough to warrant extraordinary expletives.

I was at a resource panel meeting in Walnut Creek, California, the other day of industry professionals, vendors and board members. We were discussing collections, foreclosures, and the crises that HOAs in California are facing because of the pervading loan issues, the subprime mortgage crisis, and the economy, and what HOAs can or need to do about it. One accountant stated that the associations he works with all give an owner 90 days in delinquency before referring accounts out for collection. Well, almost everyone in the room was on him right away saying that that process was inviting disaster. The comments were like this:

**"If you let people get too far behind in this day and age, they can't catch up." And

**"If you let accounts go out 90 days, and then send them out, under California law it takes another 30-60 days just to get to the lien process, and more than 60 more days to get to the ultimate "hammer" which is starting foreclosure, which then takes another 4 months at least to push the sale of a unit whose owner is not pulling its weight in the Association.That is too much time wasted on a deadbeat." And

**"That might have worked a year or two ago, when HOAs were not in crisis, but now, pushing the processes quickly through when so many people are simply walking away from their mortgages is the only way to get a title change to a "hopefully" responsible party."

This makes sense from a financial perspective for the protection of the HOAs, many of which are experiencing problems paying the bills because of serious increases in the delinquencies in the Association. These people were all people that are looking for solutions for the HOAs. The accountant said: "But when you send accounts out for collection, owners get hit with a big bill for costs, right away, when they missed only one or two payments."

"That is what gets their attention," the others at the meeting chimed in, including me. "The key to accountability is getting their attention."

Accountant: "But the credit card companies don't take drastic measures when someone is late to pay."

Me: "That is exactly the point. If Owners treat the HOA assessment debt like a credit card debt, something needs to happen to get their attention. The first 'pre-lien' letter is geared to do exactly that."

The trouble is that the law is so complicated that HOAs do not often do their own "pre-lien" letters anymore. If a step is missed or a technicality happens (misstep in the process), the whole collection matter can unravel before the HOA Board's very eyes. So they don't risk it. They defer to the collection company's processes that are practiced and experienced, and yes, the collection companies are in the business for profit, not fun, and yes, there are charges that immediately attach when an account is referred out for collections.

Then, that very same day when I returned to my office I had a couple of phone calls and emails from owners in HOAs being threatened with foreclosure, wanting to know what they could do to fight it. Two of them were very pissed off that their Boards sent their accounts to collections after only ONE LATE PAYMENT! They were livid that fees were tacked on so quickly that exceeded the very assessment payment that was late! They wanted to pay for consultations on how they could get out of paying the extra fees. Frankly, I did not really want to charge them for a consultation when I knew they were probably s _ _ t out of luck, especially since they were dealing with HOAs that were "in the choir" - assuming you know what I mean when I say, "preaching to the choir" does little good, its those outside the loop that need to hear this."

"How can the Board do that?" they asked. Well, I knew that if the HOA and management had dotted all the "i"s and crossed the "t"s - they could do that.

Issues may arise if a Board violates its own governing documents and/or California law and you can check out the statutes that apply (if you like reading really dry and confusing statutes). Just go to my website (http://www.californiacondoguru.com), the resource page, and click into the right section of the Davis Stirling Act. The pertinent statutes relating to collections and collections policies are found at Civil Code Section 1365.1, 1366 and the 1367 series. It would be up to you to review your own governing documents and especially the collections policies to determine what they say. If the Board did everything right, the advice I often given is pay up and stop the bleeding! if an owner thinks they have a claim that the Board did something specifically wrong, they can "test their theory" in small claims court, but in order to ask for a remedy in small claims court, one has to have a loss - hence the need to pay off all amounts that are due.

Stalling by putting assessments into escrow or causing delays while you have an attorney write a letter just results in more fees and costs, so anyone challenging an assessment and the collection costs of it had better be right on with their legal theories about "wrongdoing" before delaying the inevitable., or suffer severe consequences.

The law says that if a Board is wrong about a lien and foreclosure, it has to release the recorded foreclosure documents at its own expense and make things right with the owner. But if the owner is wrong, it is easy to throw "good money" after bad.

Maybe I got off point here - which is: while it is easy to have great sympathy for people who are struggling with their mortgage and assessment payments, it is equally easy to have sympathy for those innocent neighbors that are punished by having to cover the debt of their delinquent neighbors, even when they (the paying, struggling owners) are tapped to the max too. It is true that HOAs are "damned if they do (get aggressive with collections) and damned if they don't (get aggressive with collections.

P.S. This just had to be said. Unforetunately for those who are struggling, Boards need to be more diligent than ever about collecting delinquent assessments to protect the innocent parties.

These are difficult times ... I ask that you please don't shoot the messenger!

Posted by Beth Grimm at 4:08 PM

April 10, 2008

How Can Those Guys Do Anything They Want? - The Flip Side

I received lots of messages and even a couple of calls about the blog on free legal advice. Thanks readers! Some were complimentary, thanking me for what I do, and others seemed a little defensive. Truth is, I had no one in particular in mind when I wrote the blog, but I did need to provide some kind of general information about what my own limitations are, because the boundaries seemed to be slipping, and the last thing I want to do is be rude.

To be fair to all of you out there that need help, the following is one of the emails I received:

"I read your blog about homeowners wanting free advice. I hope I have never been one; I have always tried to ask first if my question required legal advice. I understand your frustration; you didn't go to law school to give out free advice; neither would I.

I don't think it is right nor fair for anybody to expect free advice and you certainly have done more than any other attorney with your website answering so many questions.

I do understand a homeowner's frustration dealing with issues of not being able to pay for legal advice, dealing with associations who have no legal representation, along with board members who make their own rules, then state "sue me, we have insurance." I have heard that so many times. And the management company who is giving out legal advice is indemnified by their policy.

The entire paradigm is flawed and I keep hoping and praying for necessary changes that will benefit homeowners, board members, attorneys.... everybody.

Have a nice day."

Believe me, I get it. Many, many, many homeowners are frustrated with their purchase of a home in a homeowners association. Whether frustrated by the neighbors, close living situation, boards, or management, the answers are hard to find. I do encourage questions through my website so I can find out what people want to know and address it on my blog.

This particular message came from a reader who frequents the website and blog, figures out some things by reading the information posted there, and has actually asked for a consultation on some issues. There seem to be many problems with the HOA and management - from this readers perspective, too many to seek legal advice on every one. So the reader submits question after question and many are very suitable to a blog answer. The questions are often common ones and I get feedback from this reader thanking me when I hit one of the questions asked.

Now that is one way to get help. As for other questions, there are not currently enough resources available to help everyone with their issues. It is true that most attorneys who are knowledgeable about HOA law will not represent owners. But there are some. One way to try and find one in your area is to go to caionline.org and find a Chapter in your area (there are 9 in the State). If you are a CAI member you can peruse their directory. Otherwise, you can purchase a directory from your local chapter and start calling all the attorneys in the book and ask them if they, or they know someone else who does, speak with and represent homeowners. Most attorneys will give out names if they know them. And they would know better than I in areas other than the Bay Area, where I am based.

Calling me and asking for a referral in the far reaches of the state will not be fruitful. Mid state, you can contact the Ventura County Mediation Center and you may be able to find someone.

Besides these resources, you can watch 2 bills that have been introduced by California legislators. One involves some incentive for board members to get some education (SB 948) and the other proposes a state omudsman program (AB 567). You can read and watch these bills, and even get on the list for updates, by visiting the state website at http://www.ca.gov, navigating to the legislature and bills, and plugging in the numbers.

While neither of these pieces of legislation is perfect, or liable to come out of the state "legislative grinder" as the be all and end all answer to your prayers, they both have an educational component that if passed, will encourage more HOA education in the state. CAI (the Community Associations Institute) is developing programs for Board members.

On top of all of that, I am working on a third self-help book on condo and HOA living. And there is my recently released national book, which has gotten some incredible reviews about how helpful it is, called THE CONDO OWNERS' ANSWER BOOK. It is available through my website http://www.californiacondoguru.com on the publications page.

So ... if you can just do your homework ... and also hold on awhile, there may be more help on the horizon.

My best ....

Posted by Beth Grimm at 8:16 PM

Are California HOA Managers Immune From Liability?

In California, there are at least two well-known industry groups that serve and train homeowner association managers. In this training, managers are presented with "model" management contracts to offer clients. This makes sense. Managers want as much protection as they can get from Boards who do not follow their advice and from the membership or other outsiders that decide that the manager is the cause of whatever grief they suffer. Being an HOA manager is not an easy job. They are often expected to provide advice on a myraid of subjects for which they are not fully trained, such as construction matters, legal matters, insurance matters, etc.

So, back to the contracts. As with other vendor proposals, these contracts are designed to specify what the manager is paid to do, and to protect the manager legally, for mistakes or errors that lead to legal culpability.

These contracts, unless they contain "mutual protections", are geared to favor the managing agent, not the other party to the contract (the HOA). By "mutual protections", I mean things like indemnification and insurance coverage.

Most of these contracts specify the insurance the HOA must carry, but not anything about insurance the manager must carry. For instance, the Association would be required to carry commercial liability (for accidents on premises, etc.) and directors and officers liability coverage for lawsuits that allege Board misbehavior or negligence. The contacts require that the manager be named as "an additional insured" on these insurance policies.

Most of these contracts specify that the manager shall be protected (held harmless and indemnified) by the Association for any claims against the manager because of something that happens HOA related. This is a somewhat complicated legal concept but simply put, it is intended to make sure that the manager is covered by the Association if there is any legal claim against the manager made ... by anyone.

"Mutual Protections" would mean there were provisions that both parties be insured for their mistakes, and each indemnifies the other for liability that arises because of the misconduct or negligence of the other.

It is fair that managers get some protection from claims against the HOA, as managers can become a target, even for acts of board members, disgruntled owners, contractors, employees etc. Sometimes the manager did nothing to invite the wrath, or legal claim. Sometimes they are the sole cause. Sometimes the problem is a combination of poor management and an inattentive board. There are very many reasons why a legal complaint can be brought, some justified, some not. The point is that managers tend to have a lot of protection, sometimes more than deserved.

The California courts have recently spoken to this problem. In two cases, managers have been found to have to account for their roles in (1) choosing vendors and signing contracts for the HOA and (2) violating the HOA contract.

I will be addressing both of these cases in E-Newsletters in April and May. If you want to receive these free newsletters via email, you need to sign up for the list. Go to my website at http://www.californiacondoguru.com, "enter", and you will find the option to sign up for the newsletter. Please do not send me your email address and asked to be added. You need to do this through the website.

I plan to put some focus on these subjects in the coming weeks. It is my belief that the parties who act irresponsibly or with disregard for the rights of others ought to be the ones who make it right. One of the courts in a manager contract case agreed with me in this statement:

"On top of all of this, there is the reductio ad absurdum of the property management company's position vis-à-vis the association's contract claims (as distinct from negligence claims). Under the property management company's interpretation, it could just outright plain fail to do any work at all for the association, such as hiring a gardening company or arranging for insurance or the typical things that property managers do, and the clause would protect it even from a breach of contract action by the association for having paid for services never performed." Queen Villas Homeowners Association v. TCB Property Management - February 2007.

Perhaps you want to "get on board" and read more on this subject. Join the E-News team. Sign up now. http://www.californiacondoguru.com.

Posted by Beth Grimm at 9:34 AM

April 8, 2008

Can "Those Guys" Really Do Whatever They Want?

I get this call or email at least once, usually more times, each day: "How can those guys [meaning the board] do whatever they want? Is there really no end to their power?"

Well, what does one say to that? It's a vague and broad statement, question, and premise. What I say is: "That is really general and broad. I can't really give you a meaningful answer." If they don't hang up in frustration, I might go on to ask if they want a consultation. Obviously, I need to know more, but I do not do free consultations. That turns some people off. I understand why. However, it does not change my manner of practice.

Maybe that sounds just like a lawyer - does that sound crass? I find that if I let owners get started on their "case", they often get frustrated if I try to stop them and suggest that their problems go beyond a simple answer. Some even get belligerent, assuming that once they have my "ear", I am required to listen to the whole story. Occasionally, someone will insult me before they hang up with something like: "I thought you were here to help people ... I guess not." [click]

Perhaps a view from a "lawyer's side" who does actually "try to help" will help you get perspective on this.

Imagine getting several calls a day begging for free help. I already spend at least 20% of my working time providing free information for the website and in other industry communications geared to reach "the masses", because I believe there is a great need for HOA owners and board members and others to be educated about living and solving problems in an HOA. Yet some people still expect more, pressing me to listen and tell them "whether [they] have a case." They want to know that before they are willing to spend any money. I understand that thinking of course, because some of those who call me have been given bad information before - that they paid good money for(and paid for it) and some have searched and searched for help. I have sympathy, and empathy; however, what I do not have is a lot more free time. My time is limited and I have family commitments (2 kids, 5 grandchildren, 2 aging parents, lots of friends) and hobbies like photography. I also have a need to get as much fresh air as I can by being outdoors.I have little time left over to "chat about a particular problem" several times a day. Many of you out there think your problem is unique, but actually, its not. You can tell by reading my blogs that you are not alone, and it is likely something I have already published or will publish will help you greatly. I even get calls from non-HOA lawyers with HOA clients who would like me to educate them on how to proceed with their client's case. Some callers get rather testy when I suggest that they might need to do some work on their own to get what they want.

And last but before I get off the soapbox, perhaps the most frustrating thing is when people pay for a consultation, are provided with steps they can take to better their situation, and then say: "So what are you going to do for me?" Or "Well if I have to do all that, obviously you can't fix the problem for me, so you must not be a "real" lawyer.

I got news for 'ya. I am a "real" lawyer who has lots of experience with HOA problems and lots of valuable tools in my tool chest. However, I am not a miracle worker. I cannot "fix" people. I can define problems, educate, call people "on the carpet" who are doing something identifiably wrong, write letters that make a difference, make respectable demands and get satisfaction in many cases, suggest a course of action, and pose pragmatic and non-big-expensive-court-involved solutions for just about every problem that involves an HOA situation. I expect follow through by people who want to "win" some justice or satisfaction.

Imagine people expecting that someone else will actually "fix" their life in the association with their boards or neighbors, some without any participation on their part, and some even without even offering some kind of olive branch or reasonable behavior on their side of the fence. In many cases, this is what it comes down to: people want an easy answer, a free answer, and don't want any hassle, don't want to "waste" their precious time on the solution, and in some cases, rare but disturbing, they become very critical of the someone (me) that does not jump at the chance to serve them. I think it is a social phenomenon - that sense of "entitlement" that many have. Luckily it has not spread to everyone.

I have some words of wisdom for those people who blame others for everything and are not willing to do their share of the work - do not call me.

Now, on a lighter note. I very much appreciate the people who drink in what is offered to them, those who write every day and thank me for the website and all the information it offers. I get about many emails a day from people who appreciate the free information and resources offered. And don't cha know that those are the people who are going to use that information to help themselves figure out how to deal with their problems. I appreciate the folks who pay for a consultation, absorb what I can give them like a sponge, and then report back to me the successes they achieve. Those who are patient enough to start with "baby steps" often get to satisfaction. of accountability and concessions, which ofte or a sense of empowerment that allows them to move on to the next level, determined and armed with valuable information, sometimes even willing to run for the Board and serve.

Education is power, people. Looking to others to solve your life's problems is not the way to solve them. Look to others to provide the tools and education you need, and run with it. There is no satisfaction like solving your own problem. I remember a day years ago when living on my own as a single mother that I researched, ordered and installed my own oven element (back in the days when I used to bake and cook). It may seem like a menial thing (especially to someone of the opposite sex), but it made me feel stronger .

If you want help, check out my website - http://www.californiacondoguru.com, and read, read, read. You can also purchase tools, research other useful sites, and learn something. If you need something more specific (California law only) ask for a paid consultation and find out what your specific options are, and the pros and cons of the position you would like to take. Absorb the information I give you on those aspects and the other resources I recommend. Put on your "listening" ears. Then take that education and put it to good use!

Posted by Beth Grimm at 11:08 AM

April 2, 2008

CONTRACTS - CAN WE SEE THEM?

In California, homeowners in HOAs have a right to review most if not all of the Association contracts ("executed contracts not otherwise privileged under law" - Civil Code Section 1365.2). Unless the vendor has forced a clause that says its contract is confidential" for some reason (which might not be legal but as yet is to the best of my knowledge "untested" in court), then an owner has a good case for reviewing the contract.

However, there may be a reason to take a close look at the contract before it is made available for review and/or copying. It is important to "redact" (black out sufficiently so it cannot be detected) any information that could lead to identify theft.

Posted by Beth Grimm at 9:32 PM