A customer of mine lives in an HOA community and the BOD and management co seem to be bullying her. She is elderly and

Hello. Welcome and thank you for using JustAnswer. My name is David.

I am an attorney with 54 years of experience to share with you.

I’m sorry you are having these troubles. I know you are going through uncertainty and aggravation, otherwise you would not be here, asking for help.

You can be assured that I’ll do my best to provide information and comfort.

Just think of me as a friend with a law degree. So, how can I be of assistance.

Thank you for the opportunity to be of assistance in this matter. It is very nice of you to take up the responsibility of helping your customer.

Unfortunately, as I am sure you are aware, there are responsibilities and duties on the part of Owners as well as responsibilities and duties on the part of the Board members in communities such as this.

Is a patio maintenance and  repair the responsibility of the Owner or is it the responsibility of the Association.

If the responsibility of the Owner, then your customer must obtain a comprehensive report of the condition of the patio and an estimate for its repair. Otherwise it is the responsibility of the Board.

In either event, professional examination and estimates are absolutely required.

Without professional opinions the Board has no right to make these demands.

I assume that this part of the property truly is the responsibility of the Owner.

The CC&Rs and Bylaw control.

I am confused over what you are referring to as Rules and Regulations, distinct from the Bylaws and CC&Rs. Where are these Rules and Regulations located. Of what are they a part

If the Rules and the Regulations have been made part of the CC&Rs, then they are effective whenever they were adopted.

That really depends on the language in the documents. Rules and Regulations, may, for example, be allowed to better explain statements in the CC&Rs.

There is no law in place. The Ruling documents are in charge.

The Rules and Regulations Adopted by the Board cannot be in conflict with the Bylaws or CC&Rs but certainly they can explain them.

In addition, the Board can take action in many instances as long as it obtains the percentage of votes set out in the Bylaws to provide the Board with such authority.

Bot***** *****ne, your friend must determine whether the Board is acting outside of its authority or, conversely, whether it is acting responsibly. BUT, if there is not responsible professional opinion concerning the work to be done, the Board is, in fact, acting outside of its Authority.

I wish you and your friend the very best of luck.

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David

It is always my special pleasure to be of assistance. David