Abusive Encroachment on Common Area

QUESTION: At a meeting of our homeowner association board, the president asked for permission to extend his patio along a common area walkway. He showed no blueprints, building permits or written explanation of what he intended to do.

The board voted, with the president abstaining, its verbal approval.

The president built a new concrete wall that extended the original wall another 20 feet. By extending his patio, he reduced the size of the common area considerably .

Since minutes of the board meeting were not distributed until his project was almost complete, we did not learn of it in time to protest or stop the work.

I feel that the board exceeded its authority. Our association’s declaration clearly states that the undivided interests in the common area cannot be changed.

Since the work was completed, two board members have said that had they known what the president planned to do, they would not have voted for approval. The president says that the declaration does not specifically define the perimeter of the patio, so he had the right to extend it. What do you think?

ANSWER: The board should have asked for a written explanation of the project, with plans showing the dimensions of the proposed wall. Then they should have thoroughly investigated the project. If what you stated is correct, the board should have denied the request.

In my opinion, the board does not have the right to give away common area owned and maintained by all the owners. By extending his patio, one owner has excluded other owners from a portion of the common area that belongs to everyone.

This is a legal battle that may end up in court if the board feels they have an obligation to protect the rights of the other owners. They will have to decide whether the encroachment into the common area is worth spending the association’s money for legal action. If the board decides to do nothing, any of the owners could take action against the president or the board of directors or both.

Owner Feels Penalized for Obedience to Board

Q: Several months ago, our association members were told that we must pay a special assessment of $1,000 for needed repairs and to replace reserve funds that had been used for previous repairs. The assessment was billed in three monthly installments.

Although the special assessment was a hardship for us, we decided to pay it rather than pay late fees and interest charges.

Then the rebellion started. Eventually, after a lot of pressure from a very vocal minority, including a threat to recall the board members, the board allowed the protesting owners to pay their assessment several months late without charging them late fees or interest.

Now my husband and I are feeling cheated. We had to charge some of our expenses on our credit card at 18% interest so that we could afford to pay the special assessment when it was due. We willingly complied by paying our assessment on time, knowing the association’s authority to add other charges and lien our property. We are resentful that the board has not required timely payments from other owners.

Don’t you think the association should credit our account for the amount of interest that we had to pay to our credit card company?

A: Of course, you can ask the board for a credit. They have been swayed by the vocal minority, so maybe they will grant you some concession as well. I really don’t think the association owes you anything but they may feel obligated to respond to your request.

The board really botched this one. By being wishy-washy and allowing certain owners to manipulate them, they have probably lost the respect of many owners.

The owners have the right to expect that they will all be treated fairly and consistently. The people who refused to pay on time were wrong, and the board was wrong to waive the late charges.

The board had the right to pass the special assessment but they should have given the owners an opportunity to discuss the matter. After the owners had their chance to be heard, the board could have weighed the owners’ comments and possibly spread out the payments to lessen the hardship for everyone.

Becoming an Effective Member of the Board

Q: My wife and I have just moved into our brand-new condominium in West Hollywood. I have never served on a board of directors before but I feel that I would like to protect my investment by seeing that the association is run properly. What resources are available to me and the rest of the new owners who want to serve on the board?

A: The Community Associations Institute is presenting an in-depth training session for volunteer homeowner board members. It is also excellent training for the entry-level condominium or community association manager.

The course includes legal matters, budgets and reserve planning, property maintenance, insurance requirements, rule development and enforcement, effective board meetings and owner communication.

The Greater Los Angeles chapter of CAI will be presenting its Leadership Training Program on March 23. Call the chapter office at (213) 285-8286 for more information.

For those who live outside the Los Angeles area, every CAI chapter holds this seminar at least once a year. Other California chapters are located in San Diego, Orange County, Riverside County, Coachella Valley, Camarillo, Sacramento, Stockton and San Francisco. Check your local phone directory or call directory assistance for the CAI chapter in your area.

Hickenbottom is past president of the Greater Los Angeles chapter of the Community Associations Institute (CAI), a national nonprofit research and educational organization. She welcomes readers’ questions but cannot answer them individually. Readers with questions or comments can write to her in care of “Condo Q&A;,� Box 5068, Thousand Oaks, Calif. 91360.