|
55+ COMMUNITY
 QUESTION: My
dad passed and left me a mobile in a 55+ park. He owned it and the lot
for at least 15 years and recently died from a stroke. I'm 52 and the
board won't make an exception. I have nowhere else to live but there. Is
there anything I could do?
ANSWER:
There are federal and state laws against housing discrimination based
on age. However, both carved out exceptions so seniors could form their
own communities. "Housing for Older Persons Act of 1995" (HOPA) allows private communities to qualify as a senior community if it meets the following requirements:
-
at least 80% of all units are occupied by at least one person 55 years of age and older;
-
the
association publishes and follows policies demonstrating an intent by
the association to provide housing for persons 55 years of age or
older; and
-
the association uses age verification procedures to ensure that occupancy percentages comply with the 55 and over requirement.
Even
if less than 20% of the park is occupied by those under 55, the
association can (and should) refuse to allow underage persons from
moving into the park. They need a buffer to accommodate changes in the
percentage when older residents die and leave underage spouses in their
mobile homes.
RECOMMENDATION:
A possible solution is to put a senior renter
in your home for the next three years until you turn 55 and move in
yourself. Another possibility is to get a senior roommate by renting out
one of the bedrooms and moving into the other. Perhaps readers will
have other suggestions.
NEW LAW RE
BOARD MEETINGS
 Senate Bill 563 was signed into law on September 6. Following is a summary of the relevant provisions.
Notice of Executive Sessions. The bill
requires that "Except for an emergency meeting, members shall be given
notice of the time and place of a meeting that will be held solely in
executive session at least two days prior to the meeting. Notice shall
be given by posting the notice in a prominent place or places within the
common area and by mail to any owner who had requested notification of
board meetings by mail, at the address requested by the owner. Notice
may also be given by mail, by delivery of the notice to each unit in the
development, by newsletter or similar means of communication, or, with
the consent of the member, by electronic means. The notice shall contain
the agenda for the meeting."
Board Decisions Via Email.
Except for emergencies, boards are no longer allowed to make decisions
by email. Emergency meetings may be held by email if all members of the
board, individually or collectively, consent in writing to the action,
and if the written consent or consents are filed with the minutes of the
meeting of the board.
Teleconference Meetings. SB 563
also defines a "teleconference" meeting to be one in which a majority of
the members of the board, in different locations, are connected by
electronic means, through audio or video or both. The bill requires that
a teleconference meeting (other than executive sessions) be conducted
in a manner that protects the rights of members of the association. It
requires that notice of the teleconference meeting identify at least one
physical location so that members of the association may attend and at
least one member of the board of directors be present at that location.
All board members and homeowners must be able to hear one another.
NOTE: I will provide more detail and include links once I post the revised statutes on the Davis-Stirling.com website. SB 563 takes effect January 1, 2012.
NEW LAW RE
ESCROW DOCUMENTS
 Existing
law requires associations to provide specified documents upon request
by escrow officers when a unit is sold. The statute failed to include
minutes in its list of documents. Assembly Bill 771 corrects that oversight.
12 Months of Minutes. AB 771 bill requires that sellers also provide "If requested by the
prospective purchaser, a copy of the minutes of the meetings, excluding
meetings held in executive session, of the association's board of
directors, conducted over the previous 12 months, that were approved by
the association's board of directors."
Fees for Records.
The bill also requires an association to provide an estimate of the fees
that will be assessed to provide the documents. It allows associations
to collect a reasonable fee based on their actual costs but prohibits
charging additional fees for electronic delivery of documents. Delivery
of the documents may not be withheld for any reason nor subject to any
condition except the payment of the fee. Associations are allowed to
contract with any person or entity to provide the documents on behalf of
the association.
NOTE: AB 771
takes effect January 1, 2012 and includes a revised form for billing
disclosures, all of which will be posted on the Davis-Stirling.com
website.
FEEDBACK
 LA Times #1.
Thank you for your thoughtful response to whether managers should
attend board meetings and take minutes. Sorry to say, the Los Angeles
Times places little value on providing balanced information. The
writers of the column have a clear bias against boards, attorneys and
managers. If they could, they would abolish all HOAs. Why would you
abolish a form of ownership that has made affordable housing possible to
millions of people? I think it's important to make it very clear that
these people give bad advice and boards should not rely on their column
for any guidance. -Judy C.
LA Times #2. Thank you for your rebuttal to the L.A. Times article!!! -Jan H.
LA Times #3.
It is clear that the author has a bias against management companies.
The manager's job is to provide advice to the board that keeps them on
the straight and narrow. Can the board assign some of its duties to its
manager? You bet! Should it? This is a matter of contract, but in most
cases it is a resounding “yes.” It has been my experience that the
larger the association, the more complex it becomes, and with this comes
the need for a manager with greater and more diverse skill sets. -Jim
S.
LA Times #4.
Managers at meetings???? Of course. We pay them to help manage and
advise us even though all final decisions come from the BOD. They advise
us when we might need an attorney's advice and many other issues a
board member might not be privy to. Come on guys wake up and smell the
roses! -Gloria F.
LA Times #5.
Regarding "Managers at Meetings" I agree that "yes" we do need the
community manager at the meeting. I agree with the LA Times, though,
that the manager should not be taking the minutes. That might be okay in
a small association which doesn't want to hire a minute taker but in a
larger association like mine we want an objective recording of what
happened at the meeting. -Bob W.
Newsletters are for advertising & general information by
Adams Kessler PLC. Readers should not act on issues raised in our newsletters or website without consulting legal counsel. |
|
|
|