INSPECTING
INSURANCE POLICIES
QUESTION: I have an owner
asking for a copy of the entire insurance policy. Is the association obligated
to provide it?
ANSWER:
Yes, the policy should be available for inspection and copying. Although
insurance policies are not mentioned in the inspection provisions of the
Davis-Stirling Act, they fall under the category of
executed contracts not otherwise privileged under law.
Civil Code 1365.2(a)(1)(D). In
addition to inspection rights, associations are
required to annually disclose information about insurance coverage.
TEMPORARY
DUES INCREASE
QUESTION:
Can a board raise the monthly assessment for a fixed time
period, i.e., twenty four months? How binding would this sunset clause be on
future boards?
ANSWER: Provided the increase is within the 20% limit, a
board can raise the dues for a fixed period. Even though the board promises to
make the
increase temporary, that promise is not binding on future boards. Subsequent
boards can take
into account the needs and economic realities in the years that follow. The next
board might decide to discontinue the increase earlier than planned or continue it
for additional years.
PRESIDENT'S COLUMN
DURING ELECTION
QUESTION: Is there any
restriction on a president from writing a monthly column in the association's newsletter if he
is running for election? It
would seem if he stuck to general matters there should be no problem.
ANSWER:
If the president sticks to reporting general
matters, he can continue writing the column. However, "if any candidate or
member advocating a point of view is provided access to association . . .
newsletters . . . during a campaign, for purposes that are reasonably related to
that election, equal access shall be provided to all candidates and members
advocating a point of view."
Civil Code 1363(a)(1).
ELECTION BIOS
QUESTION: We just had an election and my association refused to mail
out my qualifications. They said they didn't have to and went ahead with the election
and, of course, all the incumbents won.
ANSWER:
Associations are not required to publish
candidate qualifications. If they do, bios should be devoid of campaign
statements, otherwise it opens the door to demands for
equal access at the association's expense. You could have requested a copy
of the
membership list and made your own campaign mailings.
CC&R AMENDMENT
VOTING
QUESTION: Our association is revising our CC&Rs. In an attempt to
reach our 75% requirement, we were wondering if there is any time limit on
how long the polls may remain open as we try to involve all of the membership in
the voting process?
ANSWER:
As you will soon discover, a 75% approval requirement is almost impossible to reach
due to owner apathy. As the date for counting ballots
gets closer, the board can extend the deadline as-needed until enough owners
have voted to make it worthwhile to open the ballots. There is no limit on how many extensions may be given.
As noted in last week's newsletter, if the vote is less than 75% but more than
50%, the association can
petition the court to approve the amendment/revision. If you have not
already done so, you should also amend your amendment provision to a more reasonable
55% or 51%.
POSTING MINUTES
WITH ATTACHMENTS
QUESTION: When our secretary posts the
board minutes, does he have to include all the
attachments?
ANSWER:
Since there is no requirement that minutes actually be posted, the secretary can
post minutes without attachments. As provided for in
Civil Code 1363.05(d), minutes, minutes proposed for adoption that are
marked to indicate draft status, or a summary of the minutes must be made
available to members within 30 days of the meeting. If the minutes actually have
attachments that are filed in the association's minute books, members can review and copy those attachments.
FEEDBACK
Attacks Against Boards. 
I’m
so frustrated by the continued attacks on board members, most of whom are trying
to do their best! Owners need to pull their weight. It is so easy for owners to
sit back and make demands of their boards, but often these owners don’t stop to
think that they are as much involved in their association as the board members.
Don’t expect a few volunteer owners to be able
to support the entire community. If owners are unhappy they should stand up and
be counted, put some energy into the community. There are times when litigation
may be inevitable, but owners who can’t get their own way and then sue are suing
themselves and their neighbors. There are many other ways to resolve a problem,
litigation should be the last resort. -Diana S.
RESPONSE:
I agree. Owners who are unhappy should run for the board, not file lawsuits. Lawsuits are ugly, unpredictable and
expensive. It’s like setting yourself on fire so
you can see in the dark while you search for the truth. -Adrian