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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33911
Experience:  12+ yrs. of experience including real estate law.
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I live in an HOA Community, where the Board of Directors red

Customer Question

I live in an HOA Community, where the Board of Directors hired an architect (third party vendor) to approve titleholders remodels even landscaping changes. The titleholders are charge $75 per approval request that's paid directly to the architect. The boards reasoning by having a third party vendor is they do not want the responsibility and liability. All other third party vendors. i.e., Property Managements and Maintenance Company's are paid through the HOA dues collected by the Board. I have lived in other HOA Communities and either the Boards handle the approvals or the create an Architectural Subcommittee of titleholders to approve Why are the titleholders paying for a third party vendor to do the job that's part of the Board of Directors duties.
Vince
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

I am sorry for this dilemma...however, there is no way for myself, or anyone (other than the members of your board) to answer the question

Why are the titleholders paying for a third party vendor to do the job that's part of the Board of Directors duties

Are you asking if this is legal?

If not, can you tell me what is your question please?

Customer: replied 1 year ago.
I guest I'm asking if it's legal for titleholders to pay for HOA third party vendors outside the norm of HOA paying the vendors through the HOA payment procedures through the association dues.
Expert:  P. Simmons replied 1 year ago.

Thanks
It is...that is, assuming your bylaws (bylaws are the rules that the board of directors must follow...you can can see them by contacting the property management company and requesting a copy) do not prohibit this? The board is free to "farm this out"
In fact, while not typical (I agree with you, most boards form a subcommittee to do this work) the law does NOT require this. For good reason. In most cases board members serve without compensation. It would be a stretch to have a law requiring a board to use their volunteer time to do this work.

Now...if you believe this is unfair, and enough of your fellow owners agree, you can ask the board to change the bylaws (to prohibit the board from farming this out)...and if they refuse you can run for office (be a board member) and use that status to change the bylaws.

But the board is free to take this action (again, assuming your bylaws do not prohibit it)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 1 year ago.
The attorney was quick with a reply to both answers, but I was hoping in more depth. The answer just validated what I already knew. Although I was hoping he was informed in the California Common Interest development laws/statues or would be able to lookup statues to help answer my question.Vince
Expert:  P. Simmons replied 1 year ago.

Sir, if you need more info I am happy to answer any specific questions you have

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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