SWEAT ON
GYM EQUIPMENT
QUESTION:
Our rules require that each resident clean our gym equipment after
they use it. Paper towels are provided for that purpose. Most residents are conscientious enough to take care of their own mess.
However, one resident leaves massive amounts of sweat dripping from an
elliptical machine, pools of sweat on the machine and floor mat and, rather than
toweling himself off, walks around leaving pools and drips of sweat all
over the gym. Is there anything we can do to get this guy to
clean up his act?
ANSWER:
Okay, that has a high "yuck" factor. If the rules require that owners clean up
after themselves, the board can hold a
hearing, fine the owner and temporarily suspend his gym privileges (up to thirty
days). If that does not work, the board can hold a second hearing, levy a larger
fine, and suspend privileges for a longer period of time (up to six months). If
that does not work then it's three strikes and you're out. The board can
permanently suspend his use of the gym.
KEEPING FEES
UNDER CONTROL
QUESTION: We recently had a 20% increase
in association fees. I'm curious if there are
guidelines that help keep boards from raising dues as much as they'd like.
ANSWER:
Yes, they're called annual elections.
PET
RESTRICTIONS
QUESTION:
Civil Code 1360.5 states that homeowners are able to keep "any" one dog, cat,
bird etc. Breed and size restrictions are unlawful. Any refers to all animals
within that species.
ANSWER:
Sorry, you're barking up the wrong tree. Breed and size restrictions are not
unlawful. You
left out subsection (a) of the statute which states that pet ownership is "subject
to reasonable rules and regulations of the association."
Civil Code 1360.5(a). For the safety of the membership, it is more than reasonable for
boards to impose restrictions on the size and breeds of animals.
Association's Vulnerability. Condominium
associations are particularly vulnerable to aggressive dogs because interior
common hallways and elevators bring owners into close contact with dogs. Owners should not have
to squeeze against hallway walls to get out of a dog's way or avoid taking an
elevator because a 130-pound Rottweiler is on it. Large aggressive dogs can maim
and kill in a matter of seconds. Accordingly, prohibiting Rottweilers and Pit
Bulls (and other large
aggressive breeds) from a condominium complex makes a lot of sense.
POTTED PLANTS
ON BALCONIES
QUESTION:
One of the homeowners put huge potted plants on his balcony. If water eventually weakens the
balcony, who is
responsible for repairing it?
ANSWER:
It depends.
Balcony Structure. The structure is almost
always the responsibility of the association to maintain. The only exception
I've seen is when the balcony is added to the building by the unit owner (with
the association's permission). When that happens, we require the owner to sign a
recordable covenant that makes him/her responsible for the repair and maintenance of
the balcony structure.
Balcony Surface. When it comes to the
balcony surface, your governing documents control (assuming they address the
issue). If the association is responsible for waterproofing the surface, then
the board should make sure it keeps everything waterproofed. More often than not,
governing documents are
unclear or silent on the issue of deck maintenance. In that case, the Davis-Stirling Act resolves
the ambiguity by stating that "Unless otherwise provided in the [CC&Rs] . . .
the owner of each separate interest is responsible for maintaining . . . any
exclusive use common area appurtenant to the separate interest."Civil Code 1364(a).
That means owners are responsible for maintaining their balcony's waterproofing
surface (which is the norm for most associations).
Negligent Maintenance. If an owner
tiles the balcony deck or fails to properly maintain the waterproofing and
this leads to damage of the balcony's structure, the association could hold the
owner responsible for the damage. Normally, there are provisions in the CC&Rs
that allow associations to charge an owner for the cost of repairing damage
caused by their negligence. If the CC&Rs are silent, the Davis-Stirling Act
allows boards to impose reimbursement special assessments in the form of a
monetary charge and to collect it through lien and foreclosure (provided the
authority to impose a lien is in the governing documents).
Civil Code 1367.1(d).
BLANK BALLOTS
QUESTION: If a member sends in
a blank ballot, does it count toward quorum? Can they vote to remove the current
board?
ANSWER:
Yes, blank ballots count toward quorum. Civil Code 1363.03(b). So do ballots with write-ins for
Mickey Mouse and "Remove the Board." Even though the ballot counts
toward quorum, write-ins for the Mouse and board removal are invalid.
UNFAIR
CAMPAIGNING
QUESTION: Is there any
restriction on our board president using the association's records to get
members' phone numbers for the purpose of campaigning in our upcoming election?
ANSWER:
Using association records for personal campaigning is improper. Directors and
members alike can use the
membership list but that is limited members' names and addresses, not phone
numbers or email addresses.
FEEDBACK
Setting
Yourself on Fire to Search for Truth.
Gee, your comment about lawsuits really hit home. A homeowner who was charging
our board with numerous illegalities and contacted the California Attorney
General got herself elected. Now she and another member are going after our
vendors of many years. It just doesn't stop. Thanks for your writings. Makes me
glad I'm no longer on the board . . . just an interested spectator watching the
"team" get torn apart. -B.C.