Question: Our HOA violated Davis-Stirling rules by not providing due process to a resident fined for an alleged architectural misdemeanor. What options does the resident have? — R.L., La Quinta.
Question: I was given a disciplinary suspension but have found out that the board broke several rules and laws in the process. Can I publicly post the violations on a community bulletin board? — B.G., Palm Desert
Answer: Under Civil Code Section 5855, there is a specific disciplinary process that must be followed before imposing any discipline. The homeowner must receive written notice of a hearing at least 10 days in advance and must be given the opportunity to speak. Any discipline imposed must be communicated to the homeowner within fifteen days after the hearing. If the HOA fails to comply with these requirements, the disciplinary action cannot be enforced against the homeowner. Therefore, if the homeowner hasn’t paid the fine and the HOA hasn’t followed the statute’s requirements, the homeowner is not obligated to pay.
B.G., I apologize for the flawed action taken by the HOA against you. However, community bulletin boards are typically reserved for official HOA announcements and not for homeowner postings. Therefore, posting your violations wouldn’t be beneficial.
R.L. and B.G., I encourage you to urge your HOA boards to adopt reasonable disciplinary hearing procedures that comply with the law and inform homeowners about the process. This would benefit everyone involved.
Question: In relation to your previous answer about quorums for a seven-person board, could changing the bylaws to reduce the board to five members be a viable solution in the future? — W.O., Lincoln.
Answer: If HOAs struggle to find enough candidates for the board, it may be worth considering amending the bylaws to reduce the board’s size. Most HOAs, except for the very large ones, can function well with either five or seven directors. Even very small HOAs can effectively govern with just three directors.
Question: The HOA law now permits term limits, which are already stated in our bylaws. However, the HOA is requesting a vote to reaffirm the term limit provision. Is a membership vote necessary to reaffirm the existing term limits in the bylaws? — J.M., Palm Desert.
Answer: Previously, term limits were not listed in Civil Code Section 5105 as an eligibility factor for board candidacy, creating uncertainty regarding the validity of term limits in HOAs with such provisions in their governing documents. However, this was rectified in 2022 with the implementation of Civil Code Section 5103. Subpart (d)(2) of the statute states that a candidate may be ineligible for the board if they have served the maximum or consecutive terms allowed by the HOA. Therefore, it is not necessary for the HOA to hold a membership vote to reaffirm the existing term limits already stated in the bylaws.
Kelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association advice. Submit column questions to [email protected].
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