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Dealing with uncooperative condo owner.

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We are a small HOA in California with one owner not responding to any communication and being uncooperative with the board's attempt to do required maintenance.The building in which her condo is located, needs to be fumigated, but we have had to cancel twice because she after multiple requests is not cooperating submitting waiver to the pest control company and notifying the renters of the need to vacate the building. According to the CC&R's she is obligated to do this in order for the HOA to do the maintenance. We acquired legal assistance to have a message sent to her that we are in our right to do the maintenance. Still no response. Meanwhile, she had renters move in who were not notified about the upcoming fumigation and did not intent to cooperate either. Though, it appears we don't have any other recourse, we are reluctant to spend more money on legal assistance and go the court.

Our bylaws stipulate, that we can revoke an owner's membership privileges, use of common area and taking away voting right if they are not abiding to the governing documents. We are not sure if this means we can take away the right to 1) use of parking space 2) renting out the condo. The CC&R's address renting only to the effect, that it must be for more than 30 days and cannot be for the purpose of 'hotel'. The city also prohibits airbnb. Tenants are usually only there for few weeks at a time and the board is never notified about tenants moving in or out, nor given their contact information.

So we have 2 issues:
1, not cooperating to perform necessary maintenance.
2. Short term renting without notfying the HOA.

Sincerely hopw you can provide advice.


For the short term rental, work with your local government. Gather the evidence they need (internet ads for example) and make a complaint. Don't let them put it back on you to enforce.

California has lots of ways to enforce your documents, such as hearings, fines, dispute resolution, and through the courts. You need to learn those things (internet search) or hire someone to advise you such as a HOA management company or attorney that specializes in it. All of these have procedures you must follow very carefully.

Find out if you can get your legal fees awarded to you if you win your court case. It should not be hard to win a case for needed maintenance, but you should generally try all the simpler ways of enforcement before going to the courts.

You probably cannot take away their right to rent. Just my guess. You may be able to take away a board-assigned parking space (that is not deeded to them or assigned to them in your governing docs), as long as there is another place for them to park, such as guest parking. I would not try to remove their space (or any of the other things you mentioned) without consulting an attorney.

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