Read your governing documents to determine the process for amending the by-laws of your association. There is no standard.
Steps homeowners can take if the HOA is falling down on the job of maintaining the property.
Yes. Dissolution of the HOA should be address in its bylaws. It would probably have to vote to dissolve itself.
It is unlikely that there are any controls on who can be on a HOA board. I would suggest that you research your bylaws for the best information.
Yes, but you'll probably get sued.
Covenant enforcement -- in any state -- is the responsibility of the association's board of directors. You can find the process in the Bylaws under Enforcement.
Yes, a homeowners association (HOA) board member can be removed. The specific process and causes for removal can vary depending on the HOA's bylaws and state laws, but some common reasons for removal include violation of fiduciary duties, misconduct or unethical behavior, financial mismanagement, failure to fulfill board responsibilities, or a breach of the HOA's governing documents. It's important to consult the HOA's bylaws or seek legal advice for the specific requirements and procedures for board member removal in a particular HOA.
Read your governing documents to determine this process. It may also be affected by the style of California state corporation law under which your association is incorporated.
Homeowner bylaws typically do not expire with the covenants. Bylaws are separate governing documents that address rules and regulations for the homeowners' association (HOA). While covenants may have expiration dates, bylaws are often intended to remain in effect unless formally amended or repealed by the HOA board.
The board can and many do: all are in violation of their legal obligations when boards enforce governing documents selectively and unevenly.
Yes, a Homeowners Association (HOA) can have an insurable interest in a fence on a property that is not on the common ground of the HOA. The HOA is responsible for maintaining and enforcing certain rules and regulations for the entire neighborhood or community, which may include the maintenance and insurance of fences on individual properties. It is important to review the specific bylaws and governing documents of the HOA to determine their insurance responsibilities.
At this level of legality and complexity, your association attorney should be involved. Essentially, the owner is responsible for enforcing the rental agreement. If the owner is in violation of the governing documents based on some action on the part of a renter, then the association can engage the owner for resolution.
An HOA is established by a developer, who files land-use documents with the local hall of records. In addition, the developer can incorporate the HOA under Articles of Incorporation. Governing documents, including CC&Rs -- the land-use documents that list covenants, conditions, reservations and restrictions -- Bylaws for conducting the business of the association and so forth are prepared. Any action taken by representatives of the HOA, including board members and owners, is potentially a legal action.