INDEX OF FREQUENTLY ASKED QUESTIONS

BALLOTS / ELECTIONS

• Do we have to have inspectors of election? Can the board or association manager count ballots and proxies?
• Why do many associations just announce the names of the winners of a board of directors election? Can the exact election results be given?
• Is there a difference between approval "by a majority of all members" and approval "by the members"?
• I am a board member who asked to see the ballots and proxies of our recent election to check the vote count for accuracy, but was advised I could not view them. Don't board members have absolute inspection rights?
• Can members vote via an absentee mailed ballot if the governing documents call for cumulative voting?

BOARD MEMBERS AND BOARD MEETINGS

• Our board of directors is comprised mostly of out-of-town members. Can we handle urgent matters if we can't get together?
• Does the membership have the authority to remove a board member directly and solely through a petition process?
• Are homeowners entitled to attend executive sessions of the board and are they entitled to minutes of those executive session meetings?
• Can an association award a service contract to a member currently serving on the board of directors?
• Can a board member give another board member his/her proxy for the purposes of voting at a board meeting?
• Can a board of directors unilaterally increase regular assessments or levy a special assessment even though our governing documents require membership approval prior to the imposition of said assessments?
• Are board presidents prohibited from voting at board meetings unless there is a need to break a tie?
• Are board meetings subject to the brown act?

CC&Rs AND BYLAWS

• Can an association amend its CC&Rs despite not getting the membership approval requirement set forth in the CC&Rs?
• Which controls, California law or the governing documents?

MEMBERS; MEMBERSHIP MEETINGS

• Can non-agenda items be heard at a membership meeting?
• Do members have an absolute right to a copy of the membership list? What about copies of all association books and records?

RESPONSIBILITIES AND DUTIES

• As a condominium owner, I thought I was responsible for the maintenance and repair of only the interior "airspace" of my unit? Could I be responsible for the repair of any exterior balcony deck?
• Is it required for an association to have a reserve account? Our association members simply vote to impose a special assessment when needed for repair or replacement of our major components.
• Our association is short of funds in its operating account due to extraordinary utility bills. Can the association transfer monies from its reserve funds to meet the shortfall?
• Our board is contemplating dropping its directors and officers liability insurance (sometimes called "D&O" coverage) to save money. Is indemnification of the board important and is D&O coverage necessary?
• What are an association's duties and obligations related to playground equipment?
• Does the association have a duty to report sex offenders in the community?
• How long must an association retain its corporate records?

RULES AND REGULATIONS

• Our board of directors recently imposed a fine against a homeowner for parking his vehicle on the street, which is a violation of the CC&Rs. Can this fine be imposed without a violation hearing?
• Can associations preclude pets from their subdivisions?
• Can an association regulate skateboarding and other hazardous activities on the common area?
• Does a board of directors have the authority to regulate the heating of its pools and spas without membership consent?
• Illegally parked vehicles are a problem in our subdivision. Can the association have these vehicles towed?
• Can an association preclude a family day care home within the subdivision under the definition of residential use and use restrictions?
• Under California can an association have a total prohibition against solar energy systems?
• Can an association regulate realty signs?

MISCELLANEOUS ISSUES

• Our association is very small. Must we use a licensed contractor for common area repair work, when we have a nice retired homeowner who serves as our handyman and is available 24 hours a day?
• When is a liquor license required?
• Are associations subject to the American with Disabilities Act ("ADA")?
• We live in a gated community. Does our association have to grant access to process servers any time the process servers show up at the gate?
• Our association recently received a real property tax bill for one of the common area lots in the name of the association. Do associations have to pay real property taxes on common area lots owned by them?

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