AB 1738- re: MEET AND CONFER in California Should be Stopped…Here’s Why…

Boy, a lot of people generate a lot of work and energy promoting and opposing bills in Sacramento. I have a lot of respect for the groups that are working to protect HOAs and to try and minimize costs for

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Who Pays For The Defamation Lawsuit in an HOA?

I received a nice email response to the E-newsletter sent out last month about SLAPP suits thanking me for explaining how these actions worked. The person told me that their association board had just been asked by a board member

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FIDELITY BONDING IN CONDOs – WHAT IS ACTUALLY REQUIRED?

I guess it’s time to do a blog on fidelity bonds and the questions that commonly arise. I am getting signs from the Universe! I was at an ECHO luncheon the other day for the East Bay Resource Panel (which

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Should HOA Boards Add Write-In Spaces on the Ballot?

Owners often write in about elections and some have questions about write in blanks on the ballot. Are they required? Are they allowed, not allowed? Civil Code Section says: “(j) Notwithstanding any other provision of law, the rules adopted pursuant

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Updating and Restating CC&Rs – Do You Get What You Pay For?

Updating and Restating Governing Documents As A Project Homeowner associations pay big bucks for amending and restating the governing documents. It may seem like an easy task but if you do it right it is an involved process, and cooperation and

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My Condo Association Did Not Get FHA Approval – Can I sue them?

Question – can we sue an association that does not have FHA Approval. The answer: anyone can sue anyone for anything and whether there is any chance of success depends on whether the party being sued had a duty, breached

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FHA Certification – Must Condo Boards Apply? Renew?

Must boards of Condos apply for and keep up certification for FHA loans? Here is an email from a frustrated reader: “I have my condo for sale, and found out that our Homeowner’s Association’s FHA certification expired 12/31/2010. I have

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May Board Members Accept Compensation in an HOA or Condo Association?

May directors receive compensation? Here is the question as posed to me: “I am a new Board member and I am having trouble with an interpretation that my Board President has provided us. It comes from an Attorney: The Bylaws

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Who Gets the Rights in an HOA or Condo When The Property is in A Trust?

Lots of associations are having problems collecting associations and also sorting out what rights may be exercised by whom when the HOA property or Condo is owned by a trust. The type of trust may have bearing but generally, the

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Should an HOA Delay an Update Project Because There Might Be A New Davis Stirling Act?

I recently received a question from an association board interested in amending, restating and updating their governing documents. This is what they said: “The committee & the Board has one major concern: The Davis-Stirling revision & its impact on the

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