Kelly G. Richardson

California's Davis-Stirling law only permits a few topics to be discussed behind closed doors. Q: I've enjoyed and appreciated your articles in the paper.

Q: I've enjoyed and appreciated your articles in the paper. Wish more board members would read them and take your advice.

Boards should use closed sessions sparingly and only in clear compliance with the state statute.

A community in financial straits could wind up in receiverships, when a third party takes over running the HOA for an expensive hourly fee.

Budgeting, including complying with reserve study accumulation requirements, is one of an HOA board’s basic responsibilities.

Q: Can our HOA board unilaterally write off borrowing from the reserve account as a bad debt? After the write-off can the board then declare another loan from the reserve account? — D. A., San Diego

California state law authorizes temporary borrowing from the HOA reserve fund if certain required notifications are made to the membership. However, that money must be repaid within a year.

A: Townhouses could be a planned development or a condominium. It's important to know which kind of HOA you live in, because the HOA's responsibilities regarding termite treatment are completely different. Unless the CC&Rs say otherwise, in condominiums, stock cooperatives, and community apartments, the HOA is responsible for termite repair and maintenance per Civil Code Section 4780(a). Subpart (b) of the same statute places the responsibility on the homeowner in planned developments.

Civil Code Section 5105 added one mandatory eligibility standard (HOA membership) and added several optional board eligibility standards.

Any eligible member can put their name into nomination during the 30-day nomination period, so if your community wants new blood on the board, get volunteer applicants who will garner broad member support – and elect them.