Dealing With Bad Boards

Sometimes boards are irresponsible, punitive, or incompetent. Members of associations who are unhappy with board decisions, or indecision, have the following options:

Remain Silent. This means saying nothing and doing nothing and hoping the problem goes away.

Use Open Forum. Address the board during an open forum at a board meeting. Being respectful and clear in describing your position works best. Some board members may not be aware of the problem. Bringing the issue to their attention may get results. If you are hostile or make / unreasonable demands or threats, the board is not as likely to respond positively.

Writing Letters. If the board does not respond to your open forum request, you can follow up with a letter. Most boards don't like paper trails that create potential liability. Keep all letters respectful and professional. Personal attacks or exaggeration usually will not help. You can also request a membership list and write to the membership and encourage them to send letters to the board. Be careful not to engage in any form of defamation.

Internal Dispute Resolution. If the open forum and follow-up letters don't resolve the problem, try internal dispute resolution. Even if IDR does not work, it keeps the issue in front of the board.

Alternative Dispute Resolution. If IDR is unsuccessful, request alternative dispute resolution. Run for the Board. If the actions set forth above don't resolve the issue, run for the board or support responsible people who will. Remember to avoid conflicts of interest.

Recall the Board. This is a drastic measure but is sometimes necessary. See: HOAlnpectorofElections.org

Notify the State. Neither the Department of Real Estate nor the Office of the Attorney General has the jurisdiction to get involved in homeowner association disputes. The California State Attorney General's office provides very limited oversight for incorporated homeowner associations. Depending on the nature of the problem, you may consider seeking the advice of a private attorney.

Litigate. If none of the above works, consult with an HOA attorney.

Move. If you live in a dysfunctional association where the community is severely divided and there is endless litigation, you can sell your property and get out before you suffer financial harm. Be certain to make all required disclosures.

 

HOA Board Negligence

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