HOA Homefront is a syndicated weekly column that educates the public on issues pertaining to California residents living in common interest developments, their boards of directors, and community association managers. HOA Homefront is published in over a dozen Southern California newspapers.
Our board is resolved to resume fumigation of the buildings in our community and has voted to obtain quotes for the next phase of fumigation but has not voted yet to schedule the work. The president does not consider that to move out of one’s home and into a hotel or another person’s home is a COVID risk.
I live in a townhouse. My neighbor had termites and my other neighbor on the other side suspects them as do I. We were told by the association that it is our responsibility to take care of them. It just seems to me that termites come from the outside in and should be the responsibility of the association. Could you shed some light on this for me.
Is it considered a conflict of interest if a board member is also an HOA employee? Our board is voting on matters which would affect the job duties of the board member/employee. Would this be considered a conflict of interest? The director acts as property manager.
Last week’s column recapped five bills proposing to help HOAs. This week addresses the other side of the coin, as four legislative proposals are pending, which would not help California’s 50,000+ HOAs.
In typical years the Legislature considers a handful of bills concerning HOAs, but 2021 is an unusually heavy year. There are at least 20 bills pending that reference or directly affect common interest developments. Many are technical, but a handful of bills propose to make significant changes (some good, and some bad) to California associations. This column addresses five bills in which their current form would help HOAs, and next week’s will cover some unhelpful proposals.
The Open Meeting Act (Civil Code Sections 4900-4955) is the HOA version of California’s “Brown Act,” requiring openness in governance meetings. However, the Brown Act (Government Code 54950-54963) generally applies to public agencies, commissions or private corporations created by a public agency. Since HOAs are private associations, the Brown Act does not apply to them, but the Open Meeting Act does apply.