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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 April 10, 2008 8:16 PM