Yelling in a board meeting should never be acceptable behavior, no matter how strongly someone might disagree.
Remember, you’re all neighbors, and you have to live together in peace. How is that possible when if the HOA allows such behavior?
Meeting conduct rules would help your HOA, and such conduct rules should apply to all attendees – including the president. HOA leaders need to model a high level of civility, and it sounds like this is not occurring in your association. Best to you and your association, Kelly. Q: Is it true that a homeowner who is accused of a violation cannot sue the HOA? My HOA is accusing me of something that I didn’t do, and they want to fine me. I need to take them to court if necessary. I will not be fined for something that I did not do. Is there a court remedy? — C.C., Redwood City
A: You can sue your HOA for declaratory relief if you disagree with a disciplinary decision. However, before you take such a drastic step, consider if it’s truly worth it. Pursuant to Civil Code Section 5975, the prevailing party in a dispute over enforcement of the governing documents is to be awarded their reasonable attorney fees. This could be a very expensive gamble.
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 expertise. Submit column questions to
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