Condo owner refusing to participate

[A&M]

What is the name of your state?
California
We are a small building with only a few owners, most living in the building. One owner who rents her unit refuses to participate in activities necessary to maintain the building (such as contacting vendors or contractors and coordinating and overseeing necessary repair or maintenance work.)
Are there any legal ways to either penalize such an owner that takes such advantage of other owners' time and effort, or make her be an active participant in maintaining the shared property?? Could we make her pay for the time and effort other owners put in to take care of the building?

 

[Adviceco Bites]

What is the name of your state?
California
We are a small building with only a few owners, most living in the building. One owner who rents her unit refuses to participate in activities necessary to maintain the building (such as contacting vendors or contractors and coordinating and overseeing necessary repair or maintenance work.)
Are there any legal ways to either penalize such an owner that takes such advantage of other owners' time and effort, or make her be an active participant in maintaining the shared property?? Could we make her pay for the time and effort other owners put in to take care of the building?

Unless it's in the contract, or the rules, or the CC&R's that she signed when she made her purchase, then no. All she's obligated to do is to pay her monthly dues.

IAAL

 

[A&M]

Followup

Unless it's in the contract, or the rules, or the CC&R's that she signed when she made her purchase, then no. All she's obligated to do is to pay her monthly dues.

IAAL

Thanks - a follow up please:
What happens, then, if none of the other owners volunteers to be on the board and takes care of business? What are the legal action an owner can take when there are not enough owners volunteering to serve on the board (4 are required by the bylaws / CC&Rs)?

 

[Adviceco Bites]

Thanks - a follow up please:
What happens, then, if none of the other owners volunteers to be on the board and takes care of business? What are the legal action an owner can take when there are not enough owners volunteering to serve on the board (4 are required by the bylaws / CC&Rs)?

Then, the HOA hires an outside agency to take over the duties of the condo owners. Then, that agency makes the decisions, does the legwork, hires the contractors, and oversees the many projects.

In short, and without a contract, you can't make people do something they have no inclination to do - - legally or otherwise.

If they don't like it, and that their money is being spent on that agency, then explain to the owners that "these projects don't "just happen." They need people to arrange these things for the HOA, and since you're not willing to volunteer your time, then this is the "expense cross" you, and everyone else, will just have to bear."

IAAL

 

[A&M]

One last follow up, please

Thanks again - one last follow up, please:
Can CC&Rs be changed? if so what is the legal procedure for doing so?

 

[Adviceco Bites]

Thanks again - one last follow up, please:


Can CC&Rs be changed?

Good question. Can they? Well, that answer would depend upon the actual language contained in the current CC&R's; e.g., "These CC&R's may be amended by the HOA on 30 day's Notice . . . ."



if so what is the legal procedure for doing so?

Sorry. We don't do "steps" or go through "procedures" for writers to these forums. That's what local attorneys are for.

IAAL