Condo Owners - Advice

I have lived in my condo for about a decade. I was told by the realtor that this was an apt complex; and as each person moved out, the units would be sold as condos. He also went into great length re how much $ was spent to put this bldg back together after the big quake in the late 90s. Everything seemed to check out ok when I paid for an inspection, prior to purchase. Not so, after I took possession.

There have been many poroblems with the Board/HOA over the years - primarily because the same members are renters, & make their own rules in private closed Board meetings.

In 2009 there was only one HOA meeting (to tally election votes), when HOA meetings should be held quarterly, & there were no Minutes. I have tried to explain to the Board/HOA that this does not follow the CC&Rs; & elections should be held by 1/31. The one meeting/annual meeting for election results have been in April or May - not January. In short - they are not following the CC&Rs - & making their own rules via handouts. The Board members are primarily (if not entirely) renters, that have not owned a condo in the past.

In short, does anyone know of an agency(?) that oversees condominiums/Boards/HOAs? It will cost far too much for me to seek private legal advice. TIA

What do the by-laws state ?

You received the bylaws when you bought your condo. These could have been amended but you should have been given notice and a copy of any changes thereto.

See also. http://www.californiacondoguru.com/

We call them CC&Rs. To my knowledge they have not been amended/updated in over a decade. We have always had quarterly Homeowners' meetings until recently. Elections by 1/31 - not april or may in an annual HOA meeting. Our management co confirmed same, & that was SOP in the last Condo I owned. There are no Minutes anymore, because there are no meetings. There are too many things that are not 'right' to explain. Again, I wonder if anyone knows of a (Govt?) agency that oversees HOAs.

CC, the regulating authority is different in every state.

Here in Virginia regulation is split between the SCC, the State Corporaton Commission and the VREB, the Virginia Real Estate Board.

The Community Associations Institute might have some info.

Hopefully someone familiar with California law will answer.

Jim

jim_slagle said:

CC, the regulating authority is different in every state.

Here in Virginia regulation is split between the SCC, the State Corporaton Commission and the VREB, the Virginia Real Estate Board.

The Community Associations Institute might have some info.

Hopefully someone familiar with California law will answer.

Jim

Click to expand...

Thanks, Jim. Thought I would leave it for awhile, in the hope somone could point me in the right direction.

I found this exerpt from this site about California Condominium Owners Rights and Responsibilities.

Does the Department of Real Estate assist with the enforcement of the Bylaws and CC&Rs?
CIDs are subject to the Davis-Stirling Common Interest Development Act (California Civil Code Sections 1350 et seq.). This Act is intended to provide homeowners with a system of self-government and dispute resolution. The Department of Real Estate reviews the legal framework of all new CIDs to ensure Compliance with the Subdivided Lands Law as part of the public report application process before homes are offered for sale to the public. Once sales have commenced, the Department's jurisdiction is limited to the subdivider's obligations under the public report, which does not include intervention in association disputes. Presently, there is no state or local agency that directly regulates associations or their members.

Varies from state to state.
My wife does real estate, the prior agency she worked for did property management for a few associations, monthly she'd hold meetings at the office and be there to take down the minutes.

When looking at a condo to purchase, it's important to know the current status of a complex regarding the percentage of units which are owned as condos, and rented out. The percentage will vary, but it has quite an impact on the value of your condo..the higher the percentage of rental units in a complex will have a negative value on the value of your unit.

If you're an owner, and the current board is made up mostly of renters are you suggest...you should get together with any/all owners and start taking it back. Perhaps talk with a few real estate agencies and find those that do property management. Shouldn't cost you anything to talk to them, as it's potential business for them, they get fees for management of the property, and naturally they're a shoe-in for sales of any units once selected.