One question I get quite often is, “With what laws do we have to comply in our HOA?” Well, there are several. Here is the list of areas with which we, the Board of Directors, are required to comply while taking care of our community day to day:
- Civil code
- Davis-Stirling Act
- California Business & Professions Code
- Several sections of the following codes:
- California Government Code
- California Health & Safety code
- California Insurance Code
- California Labor Code
- California Public Resources Code
- California Vehicle Code
- California Code of Regulations
- U.S. Code
- Code of Federal Regulations
Also, we have our own HOA Governing Documents (these are currently being updated – all our members will get to vote on the changes in 2017). These governing documents are:
- Design Review Rules & Regulations
- Association Rules & Regulations
- Club Rules
- Group Rules
As you can see, this is an extensive list of regulations that we work hard to follow as a Board as we move our community forward. This is one reason why it is so critical to have a very good legal firm advising the Association to make sure the Board remains in compliance. Epsten Grinnell & Howell is our legal firm. The attorney that specifically helps us is Mary Howell, who has over 40 years of HOA legal experience and actually has written part of the State Bar Exam on HOA law. She attends the Ad Hoc Litigation Committee meetings, Executive Closed Sessions, and the General Sessions to ensure that we are following all the above regulations. Her duty is to the Association, not to any particular Board member. The Board’s fiduciary responsibility is to do research and make the best decisions we can for the entire community. Mary helps us do this each day.
The purpose of your Board is to oversee our $12,000,000 Non-Profit Benefit Corporation to keep our community looking great, be the fun place to live we all expected when we moved here, and keep it fiscally sound.
Obviously, serving on the Board of Directors is a complex volunteer position, and we are very grateful for the immense help we get from our Advisory Committees. They are: Finance Advisory Committee, Design Review Committee, Communication Advisory Committee, Information Advisory Committee, Food & Beverage Advisory Committee, Golf Advisory Committee, Landscape Advisory Committee, Safety Advisory Committee, Emergency Preparedness Sub-Committee, Transition Ad Hoc Committee, and Governing Documents Ad Hoc Committee. All of the members serving on these various committees research ideas from residents and Board members for the betterment of the community, then present their recommendations to the Board. Without benefit of the many hours these committees devote, a Director’s job would require a commitment far greater than a full-time job. The Board is very grateful for all the hard work each member of our advisory committees does for us all.
Because we are human, none of us will achieve perfection. Each Board member performs duties to the best of her ability. It is helpful to the Board to hear your concerns and recommendations about how to improve, but they are most helpful when provided politely. We are your neighbors. All of us live in this community, and all are subject to the same rules and regulations plus pay the same assessments and fees. Each of us has a responsibility to continue to keep our community the wonderful place it is. Thank you, and Happy New Year!