HOA vice president has right to hear complaint against him
Q: I am vice-chairman of our board of directors. The president received a complaint against me. At the last meeting, our management company told me that I could not attend the executive meeting because the president was going to discuss this complaint with the board members in my absence.
He received this complaint, personally, so my question is: why was the complaint not sent to our management company. Also, does he have the right to be judge and party?
I have read our Covenants, Conditions, and Restrictions, Nevada Revised Articles 116, and our Articles of Association and find no statement indicating that other board members have the right to penalize me. Thanks; I am looking forward to your answer.
A: Regardless of how the President received the complaint, you have the right to receive and investigate the complaint first. If the chair wishes to review the complaint with the full board, he must convene a formal hearing. You would have the right to talk about the complaint and answer any questions. You would be excused so that the council could discuss and make a decision. The president should not be judge and jury.
With respect to sanctions, the board must follow its rules and regulations and enforcement policies.
Q: We are senior residents of Las Vegas and own a condo unit in Burbank, CA. Every year we receive notice of a city mandated inspection of fire, life and security systems, performed by a city appointed supplier covering the entire building which includes speakers, sprinklers, smoke detectors and mini-warners inside each of the 100 units.
Since the supplier’s annual planning is not consistent in terms of the specific time of year, being there “on a whim” is somehow not practical for us to provide access. Notices from the homeowners association always contain the statement: “A locksmith will be on hand to open any unit where no one is available to provide access.”
Are they empowered to do so? We consider it a supervised burglary. Wouldn’t that be considered illegal entry as long as we the owners are not present and don’t consent? Additionally, the HOA notice boldly states that “any costs incurred, in effect, to access entry, will be charged to the owner.”
Do we have a legitimate concern? What would be our recourse in this regard?
A: I don’t know the association laws in California, but I know those inspection policies.
Please check your paperwork as you will likely find that the association through the municipality has the right to enter your unit for this inspection.
It is not an easy task to check the units which requires the cooperation of the owners to get the job done in an organized manner.
Barbara Holland is an author and property management educator. Questions can be sent to [email protected]