HOAleader.com - Tip of the Week - January 13, 2017
Published: Fri, 01/13/17
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What to Do When One of Your HOA Board Members Launches a Vendetta
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In this week’s tip, we discuss what you need to know about a California appellate court decision even if your HOA isn’t in California.
Be sure to read Boswell v. The Retreat Community Association, which details the actions of board president, Carl Schmidt, who seems to have had a vendetta against fellow residents David and Melina Boswell.
Litigation erupted, and the Boswells alleged that the association, primarily through Schmidt’s actions, waged a war against them, thereby intentionally or negligently inflicting emotional distress on the couple.
To support their claim, the Boswells claimed 19 incidences of selective and improper enforcement activities, including:
* The HOA insisted that the Boswells remove their American flag because it wasn’t approved by the architectural committee. They responded that flag flying was protected under California law. They then heard no further response from the HOA.
* At a cost of $6,000, the Boswells replaced their garage doors with doors included on the HOA’s website and on nine other homes. The association ordered them removed for failure to get architectural committee approval.
They applied for approval, which the association denied because it came after the fact. The Boswells responded that wasn’t a valid reason for denial under the governing documents, and the doors were then denied until an inspection proved they were energy efficient, also not a permissible reason for disapproval. The Boswells denied access for an inspection, and the association accepted the doors.
* Schmidt ordered the car of guests of the Boswells to be towed, despite the fact that the car had been issued a parking pass when it entered. When the guest sued the association in small claims court, Schmidt appeared for the association with records that falsely indicated the guest hadn’t been issued a parking pass.
The list goes on, with things like Schmidt telling fellow residents the Boswells were scammers and advising real estate agents in the area not to deal with the Boswells in their home-flipping business.
Read what the court said about the association’s liability for the president’s actions, and get tips on what fellow board members can do when one of their own seems to develop blinders, in our new article: http://www.hoaleader.com/members/2487.cfm
Best regards,
Matt Humphrey
President
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The Roles, Duties, and Responsibilities of HOA or Condo Board Members
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Recent articles posted at HOAleader.com:
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What's My Line? The Roles, Duties, and Responsibilities of HOA or Condo Board Members
We regularly hear from association members who want more detail about their responsibilities--or who want an easy way to educate their newly elected fellow board members about what, exactly, board members do They ask: What's the president supposed to do? How about the vice president, secretary, and treasurer? They also ask much more detailed questions on how their board can and should operate, like: "What's apparent authority?" "Who can act alone and when?" "Who chooses the officers?" "When am I personally liable for my actions as a board member?" And more.
Join us for an in-depth webinar on January 26 led by two community association experts: A lawyer with nearly two decades of hands-on experience in advising associations, along with an industry-leading association manager who can speak to what he sees when it comes to on-the-ground roles of board members.
Click here to read full article:
http://www.hoaleader.com/public/2489.cfm
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What to Do When One of Your HOA Board Members Launches a Vendetta
In this week's tip, we discuss what you need to know about a California appellate court decision even if your HOA isn't in California. Be sure to read Boswell v. The Retreat Community Association, which details the actions of board president, Carl Schmidt, who seems to have had a vendetta against fellow residents David and Melina Boswell.
Click here to read full article:
http://www.hoaleader.com/public/What-Do-When-One-Your-HOA-Board-Members-Launches-Vendetta.cfm
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California Court Allows Owner to Sue for Bad-Faith HOA Board Actions
Be sure to read Boswell v. The Retreat Community Association. The legal outcome is that a California appellate court reversed a trial court. The part that's most interesting to boards everywhere is that the appellate court's ruling means residents are permitted to sue a board for intentional infliction of emotional distress after a board president appears to have waged a vendetta against residents.
Click here to read full article:
http://www.hoaleader.com/members/California-Court-Allows-Owner-Sue-for-BadFaith-HOA-Board-Actions.cfm
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Using Pesticides on Bugs? California Now Says HOAs Have to Notify Owners
A new California law requires boards to give owners a heads up when they're using pesticides to treat bugs. The state already requires pest-control companies to do this. Here's an overview of the law and information on whether this is a unique-to-California thing or whether boards in other states should take notice.
Click here to read full article: http://www.hoaleader.com/members/Using-Pesticides-on-Bugs-California-Now-Says-HOAs-Have-Notify-Owners.cfm
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Here's What Not to Include in Your HOA Meeting Minutes
In this week's tip, we answer a reader's question about whether a board stumbled when it added to meeting minutes a blow-by-blow of a dispute with an owner, along with history on the dispute that was never discussed at the meeting and facts also not discussed at the meeting but that rebutted the owner's complaints.
Click here to read full article: http://www.hoaleader.com/public/Heres-What-Not-Include-in-Your-HOA-Meeting-Minutes.cfm
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HOA Treasurer Wants Reimbursement; Board Appears to Balk
An HOAleader.com reader writes: "As the treasurer of the HOA, I have had to purchase ink on a monthly basis for my computer. I didn't get prior approval for the purchase because this is a normal expense in using my computer for HOA business. Is the board required to reimburse me for these expenses even though the purchase wasn't preapproved by the board?"
Click here to read full article: http://www.hoaleader.com/members/HOA-Treasurer-Wants-Reimbursement-Board-Appears-Balk.cfm
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