General Legal Issues

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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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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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Do You Have To Give Owners the Mailing List? How About the Email List?

With the interest in the internet and web as a source for finding answers, many HOA owners are becoming more informed, maybe even more inquisitive. Thus, owners are asking for more information from boards and if it is not forthcoming

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HOA Corporate Status – Unraveled?? Stitch It UP!!

I have been writing blogs on the subject of corporate status and recently wrote one called “Check Your Corporate Status.” I got occasional email questions before – now they are coming in from board members who find out and want

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HOA Liability for Accidents Outside the Association

Boards have to be vigilant because HOAs and Condo Associations and the Boards can be sued for failure to address safety and hazardous issues. Here is a question from a reader who insures associations in California: “I insure an association

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Check Your HOA Corporate Status!

Many association boards do not even have a clue about what “corporate status” means. When I get a new client, I ask for the governing documents and when I ask them to include the Articles of Incorporation I often get

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Can an HOA Manager Be Sued? And What About Authority?

Here is a question from a reader about management and the proper role: “I have a question about delegation of authority to managers in HOAs. Our HOA never gets legal advice but delegates all/most matters to the manager. For example,

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Holiday Parties for Board Members – Are They Legal?

It’s holiday time and the usual questions arise. Here is a good one from a reader: “Is it proper (legal under Davis Sterling or Corp Code) for B of D’s to throw themselves a holiday party for directors and their

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Contracts – What Do Owners in an HOA Need to Know?

Here’s the scoop on this issue as presented to me by a reader with some questions: “The prior HOA Pres. handled a remodeling project primarily by himself; the contract was nothing more than a Bid page signed by both parties.

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