OVA attorney Steven Weil offered the following legal opinion to the Board of Directors during a 2013 community workshop, “The Directors make most decisions…The big ones are made by members.”

Weil reiterated his stance during the July 18, 2017 Open board meeting, “the Board can conclude that this [Pickleball Courts] is an issue that we should submit to the members. So I took a look at the bylaws. Under the Corporations Code, Section 7210, a board of directors has the right to make all decisions for a community except those that are reserved to the members… Under Section 3.3 the Board can convene — the President or the Board of Directors — can convene a special membership meeting for any purpose. And then under Section 4.1 the members have the right to vote on any referendum or proposal submitted to the members. 

“Can the members tell the Board what to do? In this case, I think the members acting as the Association can.”

“There is nothing in Davis-Stirling, nor is there anything in the OVA governing documents that prohibits the Board from submitting it to the members… ‘Can the members tell the Board what to do?’ In this case, I think the members acting as the Association can.”

Steven Weil is one of the founding principals of the firm [Berding|Weil] and serves on its Executive Committee. He has practiced community association law since 1984 and has helped clients address virtually all types of challenges arising out of the operation of community associations. Areas of practice include advising clients on compliance with association, board and member duties under the Davis-Stirling Common Interest Development Act and other state and federal laws; analyzing fiduciary duty, free speech, discrimination, parking and insurance issues; assisting communities address construction needs; and handling CC&R and architectural enforcement matters. Steve is especially effective in helping communities facing political challenges and financing large capital improvements or other projects requiring membership or judicial approval.

Mr. Weil is among the most well-known and sought after educators and lecturers on matters relating to community associations. He has given state wide and national presentations before attorneys, accountants, owners, directors and managers of many reputable trade organizations, including the College of Community Association Lawyers (CCAL), the Community Association Institute and the Educational Community for Homeowners (ECHO). He is a long standing member of the faculty of the California Association of Community Managers (and co-authored the Ethics text materials) and was awarded its Vision Award for Excellence in Education. Steve was recently elected to CCAL’s national Board of Governors.


Sources:
BOD Workshop and 2017 BOD Open Meeting (1:50:19 Time stamp)

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2 Comments

  1. Lyn Cramer on June 24, 2018 at 9:21 am

    This message needs to be spread far and wide, including coverage in the Oakmont News. Simply put, there is no mandate that gives the board exclusive power (and the obligation) to decide all issues. That it makes that claim is legal fiction.

    Alas, we get the board we elect. And the board we elect is usually based on an election that sidesteps serious issues in favor of likeability and process.

  2. Gordon Freedman on February 13, 2024 at 8:48 am

    Has the Board and our OVA attorney investigated the possibility for folks having problems meeting their dues obligation to defer the dues until they sell or pass on. A lein could be put on the property to make sure that the dues are paid. I think it might only be a handful of residents and would not impact our budgeting.

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