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WHAT CAN WE DO
WITH A LAZY DIRECTOR?
 QUESTION: Is there any recourse if a director does not fulfill his duties? For example, he is liaison on a committee and doesn't show up for committee meetings. –Sue K.
ANSWER: You can remove the director as liaison and appoint someone else. Unless your bylaws require otherwise, you don't need a director to act as liaison, your committee chair can make regular reports to the board.
Directors have a duty to attend board meetings. If your lazy director fails to show up to a specified number of board meetings, fellow directors can remove him from the board, provided you have a provision in your bylaws that gives you the authority to do so.
RESPONSIBILITY FOR INSPECTING
ENCLOSED BALCONIES?
 QUESTION: If a second floor owner has a balcony and enclosed it, is the HOA required to inspect it now that it is part of his condo? And who is responsible if repairs are needed? –Isaac G.
ANSWER: Inspection of the structural elements of the balcony are still the association's responsibility, because they are structural. If the structure is damaged, the association is responsible for repairing the damage.
Liability for the damage is another matter. If the damage is due to water intrusion, the association will need to investigate the water source. If it was due to faulty workmanship related to the owner's enclosure of the balcony, the owner will be responsible for the cost of repairs.
VIOLATION HEARINGS
 QUESTION: Are all board members required to attend a violation hearing? –Dolly G.
ANSWER: No, you only need a quorum of directors to hold a hearing and make a decision. They would follow the normal process of meeting with the person, hearing the evidence, dismissing the person, making a decision, and giving notice of their decision. With a change this year in the Davis-Stirling Act, the notice must be given in 14 days, not 15.
SHORT-TERM
RENTALS
 QUESTION: Our CC&Rs state: "No hotel or transient type rentals." Is this sufficient to restrict short term rentals? –Jean P.
ANSWER: Yes, that is enough to restrict short-term rentals. Even so, to help things along, your board should adopt a rule that explicitly states that no rental can be for less than thirty (30) days.
NEW LEGISLATION
WEBINAR
 Our own Rob Ward and Jamie Handrick will present 2025 changes in the law affecting community associations.
They will cover: SB 770 EV charging stations, SB 410 balcony inspection disclosures, SB 625 disaster reconstructions, AB 1154 Junior Accessory Dwelling Units, AB 130 cap on fines, and interesting new case law.
This webinar has been approved for one hour of continuing education credit. It will be held Thursday, October 23 at 12 noon. You can register here for the webinar.
HIRING
EXPERIENCED ATTORNEYS
 Our firm is growing. We are looking for a litigation attorney with 5 to 10 years of experience, an experienced litigation paralegal, and two experienced HOA attorneys. If you are interested or know someone who may be a good candidate, you can contact Adrian Adams confidentially by email or by phone at (800) 464-2817.
How to Calculate 51%. How is 51% interpreted when there are 20 homes in the association? How about when there are 21 homes? –Judith S.
RESPONSE: In our last newsletter, a reader was incorrectly told they needed 50% plus 1 to satisfy the 51% membership requirement to approve a restatement of their CC&Rs. It is easy to calculate the number you need for membership approval. Multiply the number of homes by .51.
If you have 20 homes, 20 x .51 = 10.2. This number is rounded up to 11 to approve your restatement.
If you have 21 homes, 21 x .51 = 10.71, rounded up to 11.
If you have 22 homes, 22 x .51 = 11.22, rounded up to 12.
If you have 800 homes, 800 x .51 = 408 members to approve a restatement.
Reserving for a Void. Thank you for the reserve reference. I appreciate how much space you devote to the topic. An alternative is to include "Foundation Voids" in the Reserve Study Component Inventory without funding it in the report. It would be a placeholder since the board knows the issue exists, but has yet to define a cost. Including items that are known, even without funding, is considered the most prudent action. Thank you for all the work you put into the newsletter. It's the best in the business! –Scott Clements, Reserve Studies, Inc.
RESPONSE: I agree with your approach, provided it include a line next to the item that states the issue is currently under review to determine the extent of the void and the cost to repair it.
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DISCLAIMER. Our newsletter provides commentary, not legal advice. Boards needing legal advice should have an attorney review the facts and law for their particular situation. We serve as corporate counsel to California associations.
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