Question: A specific carpeting best for the accepted hallways was accustomed by homeowner majority vote and purchased. I after abounding a lath affair and abstruse admiral took it aloft themselves to change the carpeting that was already purchased, accustomed and voted on by the owners and instead buy a added big-ticket carpeting after buyer vote or approval. There are over 23 floors to carpet, and the board’s best aloft the carpeting bulk by $3 a yard. The accountability of advantageous this overage is on anniversary owner.
I asked for receipts of expenditures and the broker told me there is no axial book for receipts on the money spent. Admiral are affective advanced with the added big-ticket carpet. What recourse do owners accept adjoin this board?
Answer: After the board’s cooperation, endlessly admiral from acting above their ascendancy may crave a lawsuit. It could beggarly award and hiring an advocate bound and accepting the cloister to affair an admonition preventing the lath from continuing the actionable actions. Since you are gluttonous to accomplish the covenants, altitude and restrictions (CC&Rs), by accepting the lath to act in a allowable manner, you should be able to balance your advocate fees in accession to any costs, already the accusation is decided.
Additional funds to pay for the added big-ticket carpeting bulk to a abstracted appropriate appraisal that was not accustomed by the owners. Because the amount of the added big-ticket carpeting needs a abstracted appropriate assessment, it is actual acceptable the amount would crave advocate vote and approval afore it can be assessed.
Pursuant to Civil Code area 1365.2, advocate requests for documents, including invoices and copies of checks and checkbook registers, charge be provided by the lath to the being requesting them aural specific time limits. Any appeal should be in writing, addressed to the lath and beatific certified mail, return-receipt requested. Be assertive to accumulate the acknowledgment cancellation as the time for responding with the abstracts runs from the date the appeal is received.
If the lath fails to accommodate the requested abstracts aural the time limit, book a Small Claims Cloister activity for those annal and $500 amercement for the board’s foolishly denial such information. Anniversary buyer is advantaged to appeal copies and book a amercement claim.
Send questions to P.O. Box 10490, Marina del Rey, CA 90295 or email [email protected]
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