How to stop Board action and funding that violates our CC&R’s?
When HOA’s vote in funding not allowed by our CC&R’s, what action can be taken?
Is suing them individually our only recourse?
The Real Estate Board will not take any action according to their site.
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Cindy,
The Department of Real Estate has no authority over these communities, but it is empowered by law to administer the dispute resolution process that uses an administrative law judge to rule on violations of common interest community statutes or the community’s governing documents. If you believe that the association violated its own governing documents, you can file a request to use the dispute resolution process. You will bear the burden of proof that the association violated their documents. It will cost you $500 per issue, but if you prevail, the association will be forced to refund your application fee. While you do not need an attorney, the association will use their attorney to defend themselves. This is not an easy process, especially if you are unfamiliar with presenting a case before a judge. Recent experience since the pandemic has demonstrated that the ALJs are predisposed to rule in favor of the associations. The only recent cases where the homeowner prevailed were when the homeowner hired an attorney. If you are to do that you are far better off filing a case in Superior court and using the full extent of the law.
Dennis