A bill to watch out for this year! SB 391, DeSaulnier, strategically called the “California Homes and Jobs Act of 2013” appears on it face and by its title and description to protect affordable housing. The purpose is to replace funds lost when redevelopment and other programs were scrapped in California because of a lack [...]

I got an email from an association where there is a tenant residing that is causing all kinds of problems. The police have been called out several times regarding disturbances of discharge of firearms, screaming, shouting, fighting, and late partying. The question asked: “Is it ethical to write a letter to the owner landlord and [...]

Are you having trouble collecting delinquent assessments when owners stop paying their assessments? What about waiting for banks to foreclose – how do you find out when their sales actually occur?  When you can start billing the lender for the assessments?   Lender sale delays, often for many months and sometimes for years, have been [...]

Here is a question I received recently, and some info about a new proposed law:   “In our HOA a new neighbor has moved in who smokes cigars outside on his deck, all day long. The neighbor on one side and myself are inundated with the nasty smell and cannot open our patio doors because [...]

I often get requests from boards asking the cost of amending and updating governing documents. I have a proposal that I can send out that sets forth a good process and estimation of the costs based on the process proposed. There are many of us that are in the same ballpark and like all vendor [...]

In great anticipation, for years, I have been writing the following provision into updated and restated Bylaws: “Elections by Electronic Voting. To the extent allowed by law, or to the extent consent is given from any member to waive the right to secrecy provided by the double envelope mail ballot system described above and in [...]

This may sound like a dumb question to a lay person, but the question has arisen about whether the “person” to be named in the annual disclosure under the New Davis Stirling Act has to be an actual person. Thanks Roy Helsing, of the Helsing Group in Dublin, California, for asking the question! Guess what?  [...]

If the HOA or Condo governing documents need amending but the percentage of owner approval is more than 51% an association can file a petition in court asking the Judge to lower the percentage so the documents can be approved. The petition is made AFTER the board has made a reasonable effort to get owner [...]

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I receive quite a few emails from owners who are complaining about the Board allowing all kinds of use of the common area that infringes on owner’s rights. Boards might see these individuals as selfish or “disgruntled”. Here is the latest email on the subject: “Usage of the common areas  should be for ALL residents. [...]