This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Bylaws Of Homeowners Without A Board In Santa Clara
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State:
Multi-State
County:
Santa Clara
Control #:
US-00444
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Word;
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FAQ
What Happens if Nobody Runs for the Board - Coast Management of California. Directors of HOA boards continue to serve until they are replaced at the next election. If no one runs for the board, existing board members can serve in perpetuity.
In general, California's HOA laws protect volunteer board members from personal liability. (Civ. Code §5800; Corp. Code §5047.5(b).)
The new HOA law in California, passed in September 2024, includes amendments to the Davis-Stirling Act of 1985. These amendments make it possible for HOAs to conduct elections online rather than through costly and time-consuming paper balloting.
This can usually be done by a simple majority vote by members of the board. If however, the vote occurs in a special board meeting open to all HOA members, you may have difficulty removing the troublesome member if your association's bylaws include cumulative voting.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
A home can be foreclosed on for many kinds of debts, not just a mortgage. For example, Home Owner's Association (HOA) can foreclose in some cases for unpaid dues and assessments.
The absence of an HOA board can result in significant risks, including financial mismanagement, where bills go unpaid and dues are uncollected, leading to financial instability. Residents and city officials can also bring about legal actions against the HOA, resulting in expensive court actions.
For instance, in California, the Civil Code Section 1367.4 dictates that an HOA may only foreclose on a property if the delinquent assessments reach over $1,800.
In addition to enforcing the CC&Rs, sometimes by imposing fines, almost all HOAs have the power to place a lien on an owner's property if the owner becomes delinquent in paying monthly fees or special assessments. Delinquency can be expensive.
Moreover, California law does not permit HOAs to evict homeowners. If the owner of the property is leasing it to a renter, however, the homeowners' association may be allowed to remove the tenant.
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For Santa Clara County HOAs, practical legal advice can make a difference in governance and dispute resolution. First, you will need to determine the zoning district your property is located in.The name of the Corporation will be the "Santa Clara County Bar Association. Membership shall become void immediately upon termination of ownership or residency in the Santa Clara Community Organization area as described in. The Board of Directors, at its discretion, may waive any qualification which the member has already fulfilled in accordance with the Bylaws. Is there a charge for filing an appeal? No. Effective November 16, 2015 Santa Clara County does not charge a fee to file an Assessment Appeal Application. If a Home owners Association is not following the bylaws, and they refuse. Associate and Corporate Memberships are "non-voting memberships. The zoning ordinance divides the unincorporated territory of the county into geographical districts designated as zoning districts.