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I own a townhouse in California. I belong to a homeowners…

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I own a townhouse in...
I own a townhouse in California. I belong to a homeowner’s association. Some of the units are affected by water damage under the foundations. The association paid for a study and it was determined that this damage was not the responsibility of the association. It has the potential of costing each owner approximately $30,000 to $50,000 at this point and could go as high as $150,000 if new problem with other units should appear. One of the board members (two have property damage themselves) has decided that with a 51% vote of the association that she can change the CC&Rs so that it is now an association responsibility, allowing the association to borrow for the repairs, and can then assess each of us. Can she do this? What are the legal limitations to the board’s authority?
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 5 minutes by:
6/13/2010
Real Estate Lawyer: Roger, Lawyer replied 8 years ago
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,954
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
If the HOA votes and decides to make this change to the bylaws, it can be done. The association is run by majority vote. This provision can be changed like any other.
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