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WiseOwl58
WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3618
Experience:  Experienced real estate lawyer and real estate broker.
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I live in a HOA community with a dysfunctional board of

Customer Question

I live in a HOA community with a dysfunctional board of directors.
If a HOA board makes a decision that effects the future home values of the community, because the HOA president was acting in his best interest ( to protect the value of his and his neighbors property) , the association as a result is now in litigation. A fair offer was made by the plaintiff which was rejected by the board. My fear is that our home values will go down because of the disclosure rules in the state of California.
Are the board members protected by the association's errors and emissions insurance if they are acting in there best interest and not in the best interest of the majority of homeowners?
Please refer to the Davis Stirling statue 5800 .
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

No under California law they have a duty to act in the best interest of the homeowners not in their own self interest and it is a fiduciary duty of theirs. If they breach it, it is not covered by the insurance and they will be personally liabl for any decline in value and you can sue under Calfornia law.

Good luck to you. Please rate 4 or 5 and close out the question I wish you all the best.

Customer: replied 1 year ago.

I may have missed a detail.

The board president fronts a property that is being leased (99 year lease)

by the plaintiff , that wants to develop a small lot as a clamping site (luxury camping). Proposed , but the board president objects to the development because of the possible noise.( there are 6 homes that would be effected out of 70 homes in the HOA)

With a 99 year lease , doesn't that convey ownership rights to the plaintiff. Does the law allow the plaintiff to do as he pleases as long as the property is zoned for it and he gets the approval of the city planning dept?

Customer: replied 1 year ago.

Can you kindly answer my follow up question, Thanks!

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