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-   -   CA HOA - Can I serve on the board as a leasing tenant? (https://www.askmehelpdesk.com/showthread.php?t=275376)

  • Oct 30, 2008, 11:56 AM
    thisgirlk
    CA HOA - Can I serve on the board as a leasing tenant?
    I currently rent a condo from the owner of the unit under a Home Owner's Association. We have option to buy in our lease contract.

    I'd like to know if I am able to serve on the board, by proxy at least for the time being. I'd also like to know, if at a minimum, I can vote by proxy, etc.

    I have full support from my landlord but neither of us are very versed in the rules on this.

    Thanks,

    Kristen
  • Oct 30, 2008, 12:03 PM
    LisaB4657
    You have to carefully read the by-laws of the HOA. Whether you can vote or serve on the board in your current capacity should be stated in there.
  • Oct 30, 2008, 12:21 PM
    thisgirlk

    So my next question would be about the bylaws, CC&R's, and the CA civil code.
    I have the CA civil code, but where can I get the bylaws and the CC&R's? I heard that you have to be in escrow to get the CC&R's, which I might be able to obtain from my landlord. But is there anyway I can get them from the city or HOA governing body?

    And also, are bylaws and CC&R's the same thing?
  • Oct 30, 2008, 12:33 PM
    LisaB4657
    Quote:

    Originally Posted by thisgirlk View Post
    So my next question would be about the bylaws, CC&R's, and the CA civil code.
    I have the CA civil code, but where can I get the bylaws and the CC&R's? I heard that you have to be in escrow to get the CC&R's, which I might be able to obtain from my landlord. But is there anyway I can get them from the city or HOA governing body?

    Your landlord should have them. It's unlikely that the city would have them. The HOA will have them but they will probably charge you a fee for a copy.

    Quote:

    And also, are bylaws and CC&R's the same thing?
    No. The CC&R's tell you what the HOA is allowed to do. The by-laws tell you how the HOA is to be run.
  • Oct 31, 2008, 01:08 PM
    John WA
    The home owner as a member of that HOA should have the right to ask for and get a copy of the CC&Rs, then get them to you.

    You can then read them and find the answers to your questions.

    As a tenant, he probably should have attached a copy of those CC&Rs to you when you first rented and signed a lease agreement, but if not, between the 2 of you, you should be able to get them now.

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