TIE VOTE
QUESTION: If a board vote results in a tie
because the president abstains from a vote, can the president at a later date
cast her vote and break the tie?
ANSWER:
The president cannot, after the vote was taken and the meeting adjourned, cast a vote to break the tie. The motion failed when
the board deadlocked
2-2. However, under limited circumstances, the matter
may be brought up for
reconsideration. At that point, the president can cast her vote.
ARE WE A PUD?
QUESTION: How do we know if
we are a PUD as well as a CID??? How do I know whether I live in a PUD and
whether that affects how the HOA acts under Davis-Stirling?
ANSWER:
A PUD (Planned Use Development) is a category of common-interest developments
defined by
Civil Code 1351(k). With condominiums, members own air space (their unit)
plus an undivided interest in the structure surrounding their airspace. In a PUD,
members typically own their residential structures and the lots upon which they
were built. PUD common areas, which may consist of streets, recreational facilities,
clubhouses, etc., may be owned in common by the owners or may deeded to the
association.
Residential structures in a PUD
might be free-standing homes or may consist of two or more townhomes
separated by party walls. With townhouse construction, owners might own a
traditional looking lot with fenced front and back yards or they may own a
"footprint" lot, i.e., the dirt upon which the structure sits and nothing more.
Maintenance. Maintenance responsibilities
in PUDs can vary considerably. In some, owners are responsible for everything on
their lots--all structures and all landscaping. In others, the association takes
care of the landscaping. In some, usually those with townhouse construction, the
association is responsible for exterior structure maintenance such as
painting and roofs. The variations depend on how the developer drafted the
CC&Rs.
HOA Authority. The HOA's
authority in condominium projects and PUDs are similar. Each enforces the
governing documents and each maintains the common areas. The specifics are determined by the
governing documents. -Matt Gardner, Esq.
PRESIDENTIAL
FEEDBACK
Inexperienced President. I am so
offended by your description of our President (that he had no prior management
training or executive experience). Let's see. He attended the best
university for undergraduate and graduate studies - and graduated. And he can
think! This is exactly what we need in a President. -Diane W.
RESPONSE:
Neither presidential candidate, John McCain or Barack Obama, had management
training or executive experience. That was the point. If we can elect presidents
without prior experience (most of whom do well in office), homeowners can elect
condo boards without prior experience. Doing so is not, as the writer called it,
a travesty. To be a board member, the best qualifications are common
sense and a desire to do well (some humor wouldn't hurt either). Directors can pick up everything else they need through their
managers, the association's legal counsel and classes offered by the Community
Associations Institute (CAI). There are eight CAI chapters in California, all of
them offer classes. You can find them in
the
Business Directory. -Adrian
Humor. I have to say that I completely
love your sense of humor when it comes to some of your newsletter responses. My
favorite thus far involved your comments regarding prayer at board meetings at
God living in a gated community (I actually still laugh at this one till this
day). I also, found your most recent comment regarding President Obama's on the
job training to be very humorous as well. I find your newsletters to be very
interesting and informative; keep up the good work. -Chad C.
RESPONSE:
Gracias! I like it when readers get it. There are always a few who are quick to take offense and send flaming e-mails.
As one sage noted, associations are full of willing homeowners, some willing to
volunteer and the rest willing to criticize. -Adrian
Untrained Boards,
[In last week's newsletter] Pauline raises a good point [about untrained
boards]. However, as you noted, legislation to require HOA boards to attend
training have failed. This is largely due to the large push of Labor
Associations such as Police, Fire, Plumbers, along with other non-profit
organizations. In these organizations, members pay dues. To limit a member's
right to run for office is a violation of Federal & State law. To enact such
restrictions to HOA's would create an odd-man-out type situation where one type
of non-profit is isolated by statute. That said, I would think, an HOA could
enact a CC&R, by majority vote, requiring board members to attend management
training, at the HOA's expense. Thus eliminating any legislative need. -Joseph
L.