LA Times 6.14.2013 Board has duty to know – can’t just turn everything over to Property Manager

For many Californians, the homeowners association functions as a second municipal government, regulating many aspects of their daily lives.

The court in Cohen v. Kite Hill Community Assn. noted the “quasi-governmental” nature of homeowners associations. ” ‘[U]pon analysis of the association’s functions, one clearly sees the association as a quasi-government entity paralleling in almost every case the powers, duties, and responsibilities of a municipal government. As a “mini-government,” the association provides to its members, in almost every case, utility services, road maintenance, street and common area lighting, and refuse removal. In many cases, it also provides security services and various forms of communication within the community.

There is, moreover, a clear analogy to the municipal police and public safety functions.  All of these functions are financed through assessments or taxes levied upon the members of the community, with powers vested in the board of directors … clearly analogous to the governing body of a municipality.’ ”  Chantiles v. Lake Forest

 

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