Epsten, APC

Every analysis of maintenance and repairs responsibilities for balconies should begin with consideration of Civil Code section 4775(a). Pursuant to Section 4775(a), an association must maintain and repair the common areas and the individual owner must maintain and repair their separate interest and exclusive use areas. In a condominium association, everything in the community is either common area or part of a unit. Therefore, it is important to know the dividing line between the two. This question is generally answered in the CC&Rs and the condominium plan for your community. In general, the structural elements of a balcony are almost always the responsibility of the association to maintain.

Ballots must contain the quorum requirement and (except for the election of directors), the percentage of approvals necessary to pass an action item. Ballots must be distributed to the members by the association. Owners cannot create and submit their own ballot. Depending on the type of election, ballots may be secret or not secret. Secret ballots cannot be revoked once received by the inspector of election.

Pursuant to Civil Code section 5500, board members have a fiscal duty to review the latest account statements prepared by the financial institutions where the association has its operating and reserve accounts. In addition to other duties set forth in this section, this particular duty aims to prevent embezzlement, theft and misappropriation of association funds.

The CC&Rs for many associations prohibit noise nuisances in general and pet nuisances specifically. Excessive animal noise, including excessive dog barking, can frequently be addressed through one or both of these provisions. Additionally, local noise ordinances usually contain an express prohibition on excessive dog barking.

The activities and affairs of an incorporated association shall be conducted, and all corporate powers exercise by, or under the direction of, the board. (Corp. Code §7210) The specific duties and powers of the board of directors, as well as limitations thereon (such as the specific corporate actions which may require prior member consent) are generally set forth in the bylaws, and occasionally in the CC&Rs.

See Meetings, Board

See Removal of Directors

A bond is a contract between an obligor (e.g., a developer), obligee (e.g., an association) and a surety (i.e., a bonding company). A bond provides security to the obligee that the obligor will deliver on a promise to perform. A bond will, typically, be in an amount sufficient to compensate the obligee for the obligor’s failure to deliver on its promise. If the obligor fails to perform, then the obligee has the right to request that the surety pay the obligee an amount up to the value of the bond.

The association is responsible for keeping, maintaining and updating the books and records of the association. These include, but are not limited to, financial reports, bank statements, membership lists, and ledgers. The association must be ready to produce these books and records upon demand by a member, pursuant to Civil Code section 5200 et seq.