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need a legal document to delay fumigation m of hoa I own one of the condos have written a short brief

1 Answers. Asked on Apr 17th, 2017 on Real Estate - California
More details to this question:
due diligence was not foffowed,board used threats
Answers Showing 1 out of 1
Answered on Apr 18th, 2017 at 2:05 PM

Your CC&Rs should include an Internal Dispute Resolution procedure, where you can meet with a board member to discuss your concerns and try to work them out. If this doesn't work, then you can require Alternative Dispute Resolution. However, the statute does not require the HOA to stop or postpone the work while you go through this process. If the HOA Board decides that the fumigation is critical, they might be right.

If you sue the HOA Board to stop the fumigation until the IDR and ADR processes are completed, you will have a very high standard to prove. The decisions of the HOA Board are deemed reasonable, unless you prove that there is no substantial evidence to support their decision. If reasonable minds can disagree, then you lose. If you lose, you will have to reimburse the HOA for all its legal fees and expenses. Since the HOA Board and the attorney both know that you are likely to lose and have to pay the legal fees, they don't have any incentive to keep the legal fees down. 

If the building really is suffering from some infestation, you are not going to win any friends or allies by causing the fumigation to be delayed. After it is all over, they will still be your neighbors. 

If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business.

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Dana Sack

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