 Would you want to buy or rent your home in Woodside Village HOA which extorts money?
Currently the monetary penalties are levied against a member based on the fine schedule listed in the Operating Rules of the Association even though that CC&Rs do not provide for such penalties.
The validity and enforceability of the Operating Rules has been clarified in 2003 -2004 by (added) Civil Code § 1357.110 Validity of Operating Rule in which subdivisions (b) and (c) provide that an ultra vires operating rule is invalid. See MaJor v. Miraverde Homeowners Ass’n, Inc., 7 Cal. App. 4th 618, 628, 9 Cal. Rptr. 2d 237, 243 (1992) (“Where the association exceeds its scope of authority, any rule or decision resulting from such an ultra vires act is invalid whether or not it is a ‘reasonable’ response to a particular circumstance.”). See the Original assembly bill 512 Session 2003-2004
http://www.leginfo.ca.gov
(b) The rule is within the authority of the board of directors of
the association conferred by law or by the declaration, articles of
incorporation or association, or bylaws of the association.
(c) The rule is not inconsistent with governing law and the
declaration, articles of incorporation or association, and bylaws of
the association.
The Woodside Village OPERATING RULE for monetary penalty is inconsistent with subsection (b) and (c) above.
See also Davis Sterling Act.
http://www.kandsonline.com
Therefore, unless the board will provide an authority as shown in subsection (b)and (c) above, the board is extorting money from its members.
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Owner - Stanley Fiala 12:01:48 08-20-05
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