Board of Directors

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Is it an Emergency? Your HOA Board Can Use Email

In an emergency, HOA boards can use email to make critical decisions. But board members need to know what constitutes an "emergency" under the law.

Twelve Traits Every Great HOA Board of Directors Has

What differentiates a great board from just a good board? Great boards develop, maintain and value their credibility and their integrity. And they continually display, individually and as a group, the following traits:

17 Legal Rights of Homeowners Living in HOAs

Is there legal protection for homeowners? The answer is a resounding yes, and we can tell you why. Both board members and homeowners have a responsibility to know the rights of HOA membership, starting with the rules set forth by the Davis-Stirling Act.

The Painful Death of Volunteerism

Many communities, if not most communities, suffer from a lack of volunteers. People are busier than ever, and their time is precious. After a full day’s work, it seems like a real waste of that precious time to spend it at a stuporous Board or Committee meeting. The result is that year after year, Boards discover they can’t find anyone to take their place on the Board, or on one of their committees. The result: Communities end up being managed by a small group of the same folks for a very long time.

Instilling Respect and Consensus among Board Members

The success of a board depends on the effort members make to work together, no matter how wide the chasm of differences. Every difficult decision a board has to make is exacerbated when board members engage in antics, games, arguments, power struggles, secrecy, exclusion, cliques, and “ego-lympics.” Serving on the board is not about “winning” or losing. When someone “wins”, by contrast, someone else loses. It’s not a competition.

How to be a Savvy Board Member

The board is a team of volunteers who have decided, for whatever reason, that they want to be a part of the decision-making process for their community. Serving on the board gives volunteers the opportunity to develop professional goals and improve communication skills. Whether a newly elected member, or one who has served for several years, each board member should come to the table with an open mind and a desire to build consensus.

Addressing Absentee Property Ownership Issues

Why Do Rental Units Become a Problem for Associations?

Boards of directors frequently deal with issues surrounding absentee property ownership. In response, some associations have amended their governing documents to limit the number of rentals allowed in their associations. Many managers agree that the "problem" units in their association tend to be occupied by a non-owner resident. Why? Consider the following two possibilities:

§5800 - Limitation of Volunteer Officer or Director Liability

  1. A volunteer officer or volunteer director described in subdivision (e) of an association that manages a common interest development that is residential or mixed use, shall not be personally liable in excess of the coverage of insurance specified in paragraph (4) to any person who suffers injury, including, but not limited to, bodily injury, emotional distress, wrongful death, or property damage or loss as a result of the tortious act or omission of the volunteer officer or volunteer director if all of the following criteria are met:

§4225 - Illegally Restrictive Documents

  1. No declaration or other governing document shall include a restrictive covenant in violation of Section 12955 of the Government Code.

§4140 - Director

"Director" means a natural person who serves on the board.

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