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CLUBHOUSE BIBLE STUDY
 QUESTION:
A couple in our senior community is holding Bible study meetings in the
clubhouse one night a week. It's open to anyone who wants to attend.
Unfortunately, they advertise putting fliers in everyone's mail tubes
with sayings such as if you don't pray you'll go to hell. Is it s legal
for the board to approve the clubhouse for such meetings?
ANSWER:
Theologically, the Bible study's advertising is a little off base. I
did some research and found that prayer is not what saves or condemns.
For Christians, it is faith in Jesus that brings salvation. For Muslims,
it is adherence to the "Five Pillars of Islam." For Buddhists, it is
the shedding of desire via the “Eightfold Path.” I could not find any
teaching where lack of prayer was the road to Hell.
Fliers.
In the opinion of many, the road to Hell is paved with fliers littering
the common areas. I tend to agree. Most HOAs have a rule against
stuffing fliers in mail tubes, hanging them on walls and doors, or
dropping them in front of doors. If your association has such a rule, it
is bad form for Bible study participants to break the rules. The group should spend some time meditating on Romans 13:1-5.
The Clubhouse.
As for the clubhouse, there is nothing illegal or improper in letting a
Bible study meet there. It would be intolerant to exclude homeowners
from using the space based on their religion. Some homeowners may be
concerned that allowing a Bible study might lead to Hindus studying
the Bhagavad Gita or Muslims studying the Qur'an. As long as space is
available and they follow the rules, there should be no prejudice or
discrimination toward any religious group that wants to peacefully
gather. However, if someone starts advocating violent jihad, a quick
call to the FBI may be in order.
RECOMMENDATION: If your association does not already have them in place, your board should adopt rules about distributing fliers.
ELECTION RULES
 QUESTION:
Can we use our election rules to modify the qualifications listed in the bylaws such as
requiring candidates' names to be on the deed, be in good
standing, or prohibiting related members from serving?
ANSWER: Election
rules must be consistent with your bylaws. If your bylaws do not have
director qualifications, your elections rules cannot have them. To add director qualifications, the membership must vote to amend the bylaws.
SMALL CLAIMS JURISDICTION
INCREASED AGAIN
Senate
Bill 221 was signed by Governor Brown. The bill increases small claims
jurisdiction for personal claims from $7,500 to $10,000. That means
members can sue their associations for up to $10,000 but associations
are limited to $5,000. The change takes effect January 1, 2012.
Law of Unintended Consequences.
Aside from the obvious inequity in the new law, it will have the
unintended consequence of forcing more claims against homeowners into
superior court where legal fees and costs will be be much higher for all
parties and potential losses for members more costly. Our tax dollars
at work.
FEEDBACK
 Small Claims #1.
Doesn't a claim for small
claims court have to be at least $1800.00? If so that would be important
information to include in that article concerning small claims court.
-Gloria F.
RESPONSE:
The $1,800 limitation does not apply to small claims actions; it
applies to foreclosures. Associations may not foreclosure until a
delinquent assessment is at least $1,800 or the delinquency is at least
12 months old. Civil Code §1367.4(b)(2).
Small Claims #2.
We made one run at small claims court. The judge ruled in favor of the
owner who owed us money. We got nothing. The judge explained that this
poor owner was on hard times and the nasty old board was just trying to
rub salt in his wounds. There were a few thousand dollars involved in
unpaid dues. Our board decided that small claims court was not the way
to go--ever. -Frank B.
Small Claims #3. Your answer is incomplete. Can’t the HOA foreclose on delinquent homeowners? -Mark M.
RESPONSE:
HOAs can foreclose via a trustee sale, initiate judicial foreclosure,
suspend privileges, and file suit in superior court. These other means of collection are covered on the website.
Out of Control Board.
I would like to point out all too often, homeowners are very good in
emails and complaints but seldom attend board meetings to voice their
opinions. Directors are not necessarily ill-willed and crooked, and they
too want the best for the entire ownership. I would suggest that all
homeowners talk to the board, put their names on the ballot and join the
board, and stop complaining. -Stephen P.
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Adams Kessler PLC. Readers should not act on issues raised in our newsletters or website without consulting legal counsel. |
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