Voting Power, Criticism and Mobile Home Parks
August 20, 2008 • By Kelly G. Richardson
Hi Kelly:
When voting in an HOA be it elections, or dues increase, and the documents require a member in “good standing,” does this mean they need to be current on their dues, and if they are in collection do they count toward a quorum? Or does the 51% needed reduced by the number of owners in collection or behind in dues?
D.V., Los Angeles
Dear D.V.:
It depends upon whether or not "good standing" is defined in that association's governing documents. If it is not defined, then anybody who has not been formally suspended from voting (which requires a board hearing first) is in “good standing and therefore part of the “voting power.” If members are disqualified from voting, then the voting power is reduced, which in turn reduces the quorum.
Thanks for your question,
Kelly G. Richardson
Dear Mr. Richardson:
I did read your recent article in the paper (“Resolutions toward a healthier community”) and I have to say I disagree with a part of item 7, regarding "that Board service is a privilege," because it is anything but.
I have been living in an HOA since January 1996 and on the Board for 8 consecutive years since 1999. Guess I must be a glutton for punishment, because over these years I have been subjected to nothing but a lot of whining and criticism from the very few homeowners that act like it is a bother to attend meetings. As for the rest, they exhibit nothing but sheer apathy when it comes to volunteering for candidate positions on the Board or the committees. I have finally decided not to "run for office" anymore after this my ninth year because I'm just burned out from this thankless position.
T.F., Orange
Dear T.F.:
Service as a volunteer director is all too often not only thankless, but can make one a target for abuse. Sometimes that abuse is deserved, when directors fail to take the time to learn how to do things correctly, or even fail to exercise their fiduciary responsibilities in a fair and even-handed manner.
However, members of the association also have a responsibility to uphold. All too often, home-owners shoot first and then ask questions later. A contractor once taught me the importance of avoiding the practice of “ready, fire, aim!” While the law does not require a member to attend meetings and ask informed questions, good neighborly behavior certainly does. Just as directors must be reminded that the members are their neighbors, so also must the non-directors be reminded that directors are neighbors as well.
If we could somehow help all California common interest development owners to acknowledge that there is no “them,” only “us,” there would be much less need for the increasing number of laws regulating associations (and… even less need for lawyers!).
Regards,
Kelly G. Richardson
Dear Mr. Richardson:
I live in a Stock Cooperative 55 and over mobile home park in Chino Hills.
Do we come under the California HOA Laws? If not how can we change to come under the California HOA Laws? We do abide by the HOA Board Election Laws. I would appreciate any help regarding this issue.
Thank you.
J.D., Chino Hills
Dear J.D.:
Your association may be governed by at least three separate groupings of state law. If your association was established as a Senior Housing project under Civil Code Section 5.13 and following, it may also be governed by the “Mobile Home Residency Law” beginning with Civil Code Section 798.
The Davis-Stirling Common Interest Development Act classifies your stock cooperative as a “common interest development” under Civil Code Section 1351(c) so long as there is a recorded declaration of covenants, conditions and restrictions. This latter requirement is found at Civil Code Section 1352. If you have “CC&R's” then your stock cooperative mobile home park also qualifies as a “common interest development” and the Davis-Stirling Act applies.
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