Thursday, June 23, 2011
CALIFORNIA HOMEOWNER ASSOCIATION RULE ON HEARINGS, FINES AND AGENDAS
California has severely limited the prerogatives of boards by requiring hearings before fines can be levied and then limiting the size of such fines even if the owner-members do not appear. In California, any rule change made by the board is subject to a majority affirmation by the membership if as few as five percent of the membership demand a vote. This part of the civil code also ensures that any dissenting individual who seeks a director position must be fully represented to the membership and that all meetings be opened and agenda items publicized in advance. In a state such as Massachusetts, there are no laws to prohibit unilateral changes to the documents by the association board.