Board Orders Trapping to Stop Roaming Cats

QUESTION: Some of the residents of our condominium have complained about cats roaming freely around the complex. The board has decided to place cat traps in various locations.

Because there isn’t a leash law for cats, it seems to me that trapping cats is illegal. The monthly newsletter has not disclosed what they will do with the trapped cats. Can you offer any suggestions or a remedy to this unpleasant situation?

ANSWER: Sorry, but you may not like my response. First, let me say that my husband and I own a cat (and I’ve never met a cat I didn’t like). However, when we moved into a townhouse with our 6-year-old cat, she became an indoor pet because the CC&Rs; (covenants, conditions and restrictions) state that no pets were allowed to roam. One can teach an old cat new tricks!

Your veterinarian will tell you that you are not being kind to your cat when you allow its freedom. What about traffic, coyotes, other cats, dogs, mean neighbors? And now, cat traps?

Cat lovers seem to forget that cats can be a nuisance, especially in flower gardens, children’s sandboxes, etc. When living in close proximity to others, even cats must give up some of their freedoms, just like humans.

Now, let’s examine the board’s action. Did they pass a new rule against roaming cats? Or is the board simply trying to enforce any existing rule? Even if the board didn’t follow proper procedure for establishing this rule, I urge you to comply with it for your cat’s sake.

Collection Agency Urged for Delinquents

Q: As a board member of our association, I have been assigned the task of collecting delinquent assessments. One of the units is owned by an investment company. The delinquent assessments for this unit total over $3,500. We have so many expenses that our association really needs this money. How can we collect right away?

A: This is a common problem that occurs when the board does not establish or enforce procedures for collection. As a consultant, I work with a number of small associations like yours that don’t have a management company to collect past-due assessments. I urge you to lay the proper legal groundwork before you go any further.

Consult the California Civil Code, Section 1365 (d). If your association’s CC&R;’s do not spell out delinquency procedures, the first thing you must do is establish a delinquency procedure and notify your owners. Then enforce it fairly and consistently.

I also recommend that you contact a professional collection agency, preferably one that specializes in community associations, for assistance with this process. Remember that all collection fees are chargeable to the delinquent owner.

Attorney Richard Witkin, general counsel for Condominium Trustee Service, recommends that a lien be filed as soon as an account is more than 90 days past due.

He states, “By using the services of a professional collection service, chances are that the association will recover all of the delinquent fees, including collection costs. In the case of corporate ownership, there are methods of collection that do not require you to locate the individual owners.”

Small claims action is another way of collecting but in this particular situation, you are already well beyond the maximum limit for small claims cases.

Owner Doesn’t Like Peach-Color Exterior

Q: I live in a 294-unit homeowners association. I have recently learned that a two-person committee has recommended that the exterior of our buildings be painted in varying shades of peach. The board is reviewing bids and will be going ahead with the work very soon.

I am extremely upset by the way this decision was made and the lack of communication on the part of the board of directors. Our CC&R;’s state that the board has the responsibility to paint and maintain exteriors of all the buildings.

I don’t believe they have the right to change the color of the complex. I would not have purchased here if the original paint color had been peach. What can I do?

A: Space limitations prevent me from printing all of your letter. However, you indicate that you feel that most of the owners are not aware that this change is going to take place.

If that is the case, the board may be faced with a lot of irate owners when the job is in progress or upon completion. Then they may find themselves with a problem and they will wish that they had communicated more effectively with the owners.

Your letter also indicates that you have done just about everything you can do to let the board know how you feel. Unfortunately, you cannot control every action that your board approves. You may have to accept this as being one of those situations. There is also the possibility that when the work is completed, you will like the new appearance.

Ways to Protect Against Embezzlers

Q: A neighboring condominium association has recently been informed that some of its funds were embezzled by an employee of their management company. What can we do to ensure that our association will not have the same problem?

A: Whether you are managed by a management company or not, the board is obligated to review the association’s reconciled bank statements for the operating and reserve accounts on at least a quarterly basis.

Make sure that your bank accounts for your reserve monies require two board signatures for the transfer of funds. Some management companies are not aware of these legal requirements.

If you have a management company, you must not assume that your finances are being maintained properly. It is the board’s fiduciary responsibility to ensure that funds are protected.

In addition, every association should have a fidelity bond for protection against loss of funds through malfeasance or embezzlement. The fidelity bond should cover all board members as well as the management company staff.

Many management companies will tell you that they have their own fidelity bond coverage, but their coverage does not protect your association’s funds unless your association is specifically named on their fidelity bond coverage. The management company’s fidelity bond usually only protects the management company’s funds, so be sure to investigate thoroughly and consult your associations’s insurance agent.

Hickenbottom is president of the Greater Los Angeles chapter of the Community Associations Institute (CAI), a national nonprofit research and educational organization. She welcomes readers’ questions, but cannot answer them individually. Readers with questions or comments can write to her in care of “Condo Q&A;,” CAI, P.O. Box 84303, Los Angeles 90073.