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HOA on flag removal: We honor the military and our colors (CA)

The HOA that came under fire for reportedly telling a Marine’s wife to remove her American flag has issued a response to the claim.  “We honor the military, honor our colors. Anybody in the community who wants to fly a

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The Bunker Hill pool wars are over (CA)

Peace has been restored to three residential towers on Bunker Hill in Downtown Los Angeles—at least when it comes to the mammoth, star-shaped pool that’s been largely sitting empty the last three and a half years. The 10-foot steel fence

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HOA letter tells Pendleton Marine wife to remove American flag (CA)

The wife of a Camp Pendleton Marine received a letter from her homeowner association earlier this week instructing her to remove an American flag from outside their home.  The letter stated she must remove the flag because it’s located in

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160 Brookside trees might get chopped (CA)

A Brookside neighborhood association has asked the city for permission to remove up to 160 trees from a route often used by walkers and runners, saying that the roots are damaging property owners’ backyards and potentially their homes.  The city

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New satellite report confirms Millennium Tower, other Bay Area sites sinking (CA)

San Francisco’s Millennium Tower is sinking and leaning so much that it is visible from space, according to a new report from the European Space Agency.  “The Sentinel-1 satellites have shown that the Millennium Tower skyscraper in the center of

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HOAs: Reservations regarding reserve funds

Q:  Is there a formula to help determine what is a reasonable amount to hold in reserves for a homeowners association?    Read the Q&A………………

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Can HOA boards pass any rule they want? (CA)

Q. I’m confused between rules and CC&R’s (covenants, conditions and restrictions). Our board, over the years, has implemented new rules. How is this different than making changes to the CC&R’s, which would require homeowner approval? For example, the board passed

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HOA disciplinary hearings: not a public court process (CA)

Ifeveryone followed the Golden Rule (“do unto others…”), homeowners association disciplinary hearings would be rare. Unfortunately, hearings are a necessary, regular, and unpleasant board responsibility. These hearings are governed by Civil Code 5850 and 5855, which establish a simple system.

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Adobe Creek Golf Course to close by year’s end (CA)

The final tee off for Petaluma’s Adobe Creek Golf Club is quickly approaching, as operators announced last week the course will close Jan. 1 amid declining business.  The shuttering of the 18-hole facility leaves local golfers with only one remaining

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Convicted HOA embezzler released from jail (CA)

The former manager of the Woodlake Homeowners Association who was convicted of embezzling nearly $2.8 million from the San Mateo property owners group will be released from jail while she awaits sentencing.  Susan Marie Lambert, 65, appeared in court Thursday

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Homeowner Says City’s Fire Code on Dumpster Compromises Her Safety (CA)

A Canoga Park woman says the city of Los Angeles and her homeowners association reached a deal on a fire code violation. The result, she says, still leaves her safety compromised.  Liudmilla Hairetdinova says the city’s fire code on trash

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Keeping members informed on policies, assessments

Q. We were recently informed by our management company that under the Davis-Stirling Act, we now need to have a collection policy in place. We also need to send a copy to each homeowner. We are a small HOA consisting

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HOAs: Can boards pass any rule they want? (CA)

Q: I’m confused between rules and CC&R’s. Our board, over the years, has implemented new rules. How is this different than making changes to the CC&R’s, which would require homeowner approval? For example, the board passed a rule prohibiting playing

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More Headaches Ahead for Millennium Tower Developer (CA)

More legal troubles are ahead for the developers of San Francisco’s controversial Millennium Tower. San Francisco city attorney Dennis Herrera just sued Millennium Partners, alleging it violated the law by not disclosing the building’s settlement issues. The city attorney believes

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Homeowner Caught in the Middle Over Repairs (CA)

Susan said she expected her homeowners insurance from USAA to pay for the damage inside her kitchen and her HOA’s insurance to fix the ceiling in her garage. But she said USAA told her it was her HOA that should

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Camarillo Springs Golf Course owner linked to troubled sites (CA)

The manager of the company that owns the Camarillo Springs Golf Course is linked to a course in Rancho Mirage, where homeowners accused the owner in a lawsuit of attempting to bully elderly residents into allowing development.  Oasis Ranch LLC,

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City of San Diego addresses Short Term Rentals

The President of the San Diego City Council, Sherri Lightner called for a special meeting to take place yesterday to address the municipal code regarding visitor accommodations in short-term vacation rentals.  The meeting would clarify whether renting out the entirety

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Fire Engulfs Building Under Construction Near Oakland’s Lake Merritt

A five-alarm blaze engulfed a large three-story condo complex under construction near Oakland’s Lake Merritt early Monday, sending flames soaring into the predawn skies and forcing nearby residents to flee from their homes.  Firefighters responded to a reported fire around

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Appealability/ Homeowner Associations: Nellie Gail/ McMullin Decision Now Published (CA)

In our October 3, 2016 post, we discussed Nellie Gail Ranch Owners v. McMullin, an unpublished 4/3 DCA decision, at the time, which decided it could not entertain a homeowner challenge to an HOA fee award because homeowner did not

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HOA Homefront: Who prepares delinquency policy, and who votes on special assessment? (CA)

Q. We were recently informed by our management company that under the Davis-Stirling Act, we now need to have a collection policy in place. We also need to send a copy to each homeowner. We are a small HOA consisting

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Violations found in repairs to sinking, tilting luxury high-rise (CA)

San Francisco’s Department of Building Inspection has filed two notices of violation against Millennium Tower, saying the owners made unauthorized repairs to address issues caused by the building’s sinking.  The department found spalling and leaking in the underground parking garage,

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Recycled water project reaches milestone in Encinitas Ranch (CA)

One of Encinitas’ largest residential neighborhoods is weaning itself away from using drinking water to irrigate its parks, trails and landscaping, and celebrated a major milestone in the process this week.  Officials with San Dieguito Water Authority, San Elijo Joint

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Residents complain about cultivation enforcement (CA)

Residents of El Rancho Loma Serena Homeowners Association said they believe Calaveras County may be having a difficult time enforcing provisions of an urgency ordinance on marijuana cultivation that was ratified in May.  Nestled in the Butte Fire disaster zone

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HOAs: What can managers spend, and should they run elections?

Q:  Should the homeowners association board conduct the election meeting, allowing the manager to assist, advise and count ballots or conduct the entire meeting? In the past, some management representatives opened and controlled the meeting, overseeing opening and counting ballots.

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‘Sinking’ San Francisco High-Rise Sparks Fears Among Residents (CA)

Towering 627 feet above the city of San Francisco, the Millennium Tower was supposed to be the pinnacle of luxury real estate, advertised online as “an address like no other.”  But these days, it’s not the high-end condos, 75-foot lap

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3-alarm fire at Point Loma condos (CA)

A three-alarm fire caused heavy damage to a third-story condominium in Point Loma Saturday afternoon and injured two people, authorities said.    Read the article…………….

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Underreporting of water meters at Sun Lakes settled (CA)

A dispute over a three-year period of underbilling of water meters at Sun Lakes Country Club was settled after the retirement community agreed to pay $113,000 to the Banning Utility Authority.  At its July 15 meeting, the Sun Lakes Country

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Millennium Tower Developer Considers Drilling To Bedrock For New Highrise (CA)

Amidst the legal and PR kerfuffle they’ve been dealing with over the last few months regarding the sinking and tilting Millennium Tower, developer Millennium Partners appears to be reconsidering the foundation of their latest project already under construction at 706

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Jackson Oaks gains fire safety recognition (CA)

Obtaining a rare neighborhood fire safety recognition has helped one east Morgan Hill neighborhood not only protect itself from a potential out-of-control blaze, but it has also helped strengthen community bonds among residents, according to participants.  The Jackson Oaks Homeowners

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What rights do homeowners have to HOA board records?

Q A group of us homeowners is very concerned about our association monthly dues increasing, and now we are being told a special assessment is needed. There are rumors of monies being squandered. The people on the board seem to

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Attic Fire Rips Through Northridge Condo Complex (CA)

A greater alarm fire Saturday damaged an attic in a two- story condominium complex in Northridge.  Three units were damaged because the structure had a “common attic,” meaning that despite firefighters knocking down a fire in the attic of the

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Cathedral City vacation rental rules give power to HOAs (CA)

Cathedral City homeowners associations, like Cathedral Springs, Desert Princess and Canyon Shores, got a little more powerful Wednesday with the city’s approval of an ordinance amending its vacation rental regulations.  City Council voted 4-0, with Councilman Mark Carnevale absent, to

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Riverside County Homeowner In HOA Flap Over Trump Flag (CA)

A Riverside County homeowner believes politics is playing into his home owners association’s decision to ban his ability to fly a flag.  The Eastvale man’s support of Republican presidential nominee Donald Trump may be the reason.  Frank Hernandez, a retired

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Millennium Tower blame game intensifies with no resolution in sight (CA)

As the saga of the sinking and leaning Millennium Tower drags on, the blame game between Millennium Partners, the developer behind the luxury condo building, and the Transbay Joint Powers Authority, the agency building a high-speed rail terminal and tunnel

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Governor Signs Senate Bill 918 (CA)

On September 28, 2016, Governor Brown signed into law Senate Bill 918, adding Civil Code Section 4041 to the Davis-Stirling Common Interest Development Act. Effective January 1, 2017, homeowners will be required to provide annual written notice to their community

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Engineering report finds sinking San Francisco Millennium Tower safe, able to withstand earthquake (CA)

The developers of a controversial South of Market residential high rise that is sinking more than expected released a report Tuesday stating the building remains safe, even in an earthquake.  The report from engineering firm Simpson, Gumpertz & Heger states

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Appealability/HOA: Failure To Appeal Post-Judgment Fee Award Was Fatal To Homeowners’ Challenge Fees Awarded To HOA (CA)

For you readers out there which follow our post, we have many, many times observed that practitioners should independently appeal any separate fee awards no matter when made just to be safe. This next case illustrates why this needs to

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For the People, By the Homeowners: HOA Board Governance in a Nutshell

Community associations have a lot in common with municipal governments. As members of a governing body — and typically also members of the homeowner’s association — HOA board members should meet regularly to discuss and vote on important community issues,

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Is It Legal?

QUESTION: Can HOAs legally contribute to CAI’s buck-a-door program??  ANSWER: Yes they can. The program is not a political action committee and does not contribute to any political campaigns. Instead, it pays for a consumer advocate hired by the Community

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HOA Homefront: Readers ask about executive session – used or abused?

Q. You have mentioned the open meeting law. You still have not addressed the board going into secret meetings called executive sessions. These meetings are attended by board members only after every one else has been sent home. Our board

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Condo owners in sinking Millennium Tower estimate homes worth $0 (CA)

Multi-million dollar condos in the Millennium Tower may now be worth zilch.  More than 160 condo owners — including tech executives, sports figures and real estate investors – have filed property assessment appeals by the Sept. 15 deadline, claiming their

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Embezzler pleads no contest: Former Woodlake homeowners’ association manager faces about three years prison (CA)

The former manager of San Mateo’s Woodlake condominium homeowners’ association accused of stealing $2.8 million could serve more than three years in prison after pleading no contest to embezzlement charges.  Nearly three years after residents were first tipped off that

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Millennium Tower homeowners hire engineer to drill under the building to understand sinking, tilting better

An engineering expert has been brought in by the homeowners association at San Francisco’s Millennium Tower to drill down as much as 260 feet to try to understand why the building is sinking and leaning much faster and further than

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Homeowners Association in Natomas Sparks Anger (CA)

A grassroots effort is underway in Natomas to possibly take down a homeowners association because of too many ticky-tack policies.  At the center of the controversy is the Natomas Park Community Center. The homeowners association is asking residents to vote

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Millennium Partners blames sinking of tower on Transbay Terminal excavations

Millennium Partners held their news conference on the same day San Francisco City Attorney Dennis Herrera formally subpoenaed them as part of his office’s investigation into whether the developer complied with state law by disclosing known structural sinking issues to

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Here’s How Much a Condo in the Sinking Millennium Tower Will Cost You Right Now

Some condos sitting inside San Francisco’s sinking Millennium Tower remain on the market, but the pricing estimates for those million dollar dwellings are hundreds of thousands less than previously listed amounts.According to Redfin, a real estate brokerage, the asking prices

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San Francisco City Attorney Serves Millennium Tower Partners Subpoena (CA)

The San Francisco City Attorney’s Office on Tuesday served the Millennium Tower partners with a subpoena over the sinking 58-story condo tower, seeking all information that was disclosed to the buyers before they moved in.  While Dennis Herrera has said

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Meeting Without A Quorum

QUESTION: Two out of five board members attended an open meeting. To establish quorum, the president called one of the absent members on his cellphone and called the meeting to order. The director on the phone then hung up. With

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The Basics of Homeowners Association Disputes Part 1 – Mediation

HOA disputes are something that we see on a regular basis. Although in a perfect world, none of us would get in disputes with our neighbors, the reality is that disputes between neighbors, or the association and an owner, are

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Dog killed, woman arrested after 4-alarm condo complex fire in San Mateo (CA)

San Mateo firefighters battled a 4-alarm fire at a condo complex on the 2300 block of Ticonderoga Drive overnight.  Firefighters said a resident was taken into custody for fighting with San Mateo police, and attempting to run back into the

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