HOA Passed a Rule That Affects You?
Check Whether the Vote Was Even Legal.
HOA boards frequently adopt new rules and elect board members through flawed processes. An improperly noticed meeting or an invalid quorum can void every decision made at that meeting.
The Translation
“The board voted to adopt this rule and you are now required to comply. Failure to comply will result in fines.”
That the rule was adopted at a properly noticed meeting with a valid quorum, that the adoption process complied with the CC&Rs and state HOA statutes, and that the rule does not conflict with state law.
Top 3 Procedural Loopholes
Improper Meeting Notice
HOA meetings that adopt new rules must be noticed to all homeowners within a specific timeframe (usually 10 to 30 days in advance) and by a specific method (mail, email, or posting). If the notice was defective, every action taken at that meeting is voidable.
Lack of Quorum
HOA decisions require a quorum — a minimum percentage of homeowners or board members present. If the meeting lacked a quorum, no binding decisions could be made. Check your CC&Rs for the quorum requirement and compare it to the actual attendance.
Rules That Require a Homeowner Vote
Some rule changes — especially those that amend the CC&Rs or impose new financial obligations — require a vote of all homeowners, not just the board. If the board adopted a significant rule change without a homeowner vote, the rule may be void.
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