|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
(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 Woodside Village OPERATING RULE for monetary penalty is inconsistent with subsection (b) and (c) above.
See also Davis Sterling Act.
Therefore, unless the board will provide an authority as shown in subsection (b)and (c) above, the board is extorting money from its members.
|Owner - Stanley Fiala 12:01:48 08-20-05
| Todays adventures of the board member Dick Howe
|It began this morning when I noticed the lights flicker while reading the newspaper. This event made me think Enron was threatening California with a power cut-off, if we didn’t pay them more money.
I didn’t think anymore about the problem until Alice called to tell me there was a terrible traffic jam on Brookhurst, a six lane north/south surface street that runs roughly parallel to the Santa Ana River. She told me Victoria Road (a east/west street that crosses the Santa Ana River) was blocked.
I had a meeting west of the Santa Ana River, I live east of the Santa Ana River. I drove north to find a street that crossed the Santa Ana River. There are only a few of these streets. They were all backed up with very heavy traffic.
I heard on the radio that there was a terrible accident on the freeway and the traffic was diverted to the surface streets west of the Santa Ana River. This traffic congested the north/south and east/west streets.
I could not make a meeting on time because all east/west streets were jammed with cars and trucks from the freeway closure. I went to the police who were blocking Victoria Road, the normal east/west road and learned they have blocked the road due to a traffic accident on Victoria where a truck ran into a power poll. That explained the ‘light flicker’ earlier in the morning. You would think that a truck driver could schedule his accident for a time other than the fatal accident on the freeway.
A couple hours later, all traffic was back to normal. The following pictures show the traffic jam and the damaged power pole.
|Owner - Dick Howe 17:58:50 08-10-05
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