The Transbay Joint Powers Authority (TJPA) announced Monday that a court ruling last week may require the TJPA to pay in the future just a fraction of the legal costs sought by Mission Street Development (MSD), the developer of the sinking and tilting Millennium Tower. On September 20, 2018, San Francisco Superior Court Judge Curtis […]
Elderly Seal Beach Woman Accused Of Embezzling Over $100K (CA)
A 71-year-old Seal Beach woman was accused of embezzling over $115,000 from the Costa Mesa homeowner’s association, of which she was treasurer, court documents said. Bonnie Diane Harris, 71, of Seal Beach, served as the former treasurer for the Cedar Glen Homeowner’s Association, and was scheduled Monday to make her initial court appearance on charges […]
San Francisco Judge Orders Transbay Transit Center to Pay for Millennium Tower’s Legal Defense (CA)
In a strange twist, a judge has found that the Transbay Joint Powers Authority – the public agency responsible for the $2.2 billion Transbay Transit Center next to sinking Millennium Tower – has the “duty to defend” against hundreds of millions of dollars in construction defect claims over the troubled building. Read the article………………
HOA Homefront: Meetings generally should not be recorded (CA)
Q: Our board announced that audio recordings of meetings would no longer be allowed. What are your thoughts on this? Does this action by the board violate the Brown Act, the Davis-Stirling or some other statute? Read the Q&A……………
Oceanside homeowner says HOA wants him to evict his Marine tenants (CA)
When Ron Zurawski purchased his six-bedroom, six-bath Oceanside home in 2005, he said he did so for one purpose — to rent rooms to Marines. The home, located in the Arrowood community just outside the San Luis Rey gate to Camp Pendleton, was yet to be built. Zurawski, an unmarried Navy veteran with no kids, […]
City Inspectors Return to SF’s Millennium Tower After Declaring It Safe (CA)
City inspectors who had previously deemed San Francisco’s Millennium Tower safe were back inside the building this week to check on a cracked window. They may have inspected the wrong side of the sinking and tilting tower, NBC Bay Area has learned. Investigative reporter Jaxon Van Derbeken reports. Read the article………………
At Issue: Millennium Tower Woes (CA)
Phil Matier talks with Thomas Miller, the attorney representing homeowners in the sinking, tilting Millennium Tower in downtown San Francisco Watch the interview…………….
HOA Homefront: California now has Fair Housing regulations – and sexual harassment is illegal
The federal Housing and Urban Development Department (HUD) adopted regulations in September 2016 which for the first time prohibited sexual harassment within housing accommodations. “Housing accommodations” in this context includes homeowner associations. These regulations thus far have not received widespread attention, but in California this will change soon. Read the article………………
Woodlake embezzler sentenced (CA)
A man accused of embezzling millions of dollars from the San Mateo Woodlake Condominium Association between 2007 and 2013 was sentenced to seven years state prison Friday and was ordered to split the restitution with his co-conspirator, according to the San Mateo County District Attorney’s Office. Read the article………………
Deck Marker Containing Radium Discovered At Naval Shipyard Site (CA)
A naval deck marker containing radium was discovered earlier this week at the former U.S. Navy shipyard site in San Francisco’s Hunters Point, California Department of Public Health officials said in a letter to homeowners in the neighborhood on Thursday. In a letter to The San Francisco Shipyard Homeowners Association, state health officials revealed that […]
Safety measures ordered at sinking San Francisco Millennium Tower (CA)
San Francisco officials demanded Thursday that managers of a sinking condominium building where a window recently cracked comply with safety measures needed to keep the public safe. Ronald Tom, assistant director of the Department of Building Inspection, said management at Millennium Tower must inspect all units and install a canopy around the perimeter of the […]
A New, Less Expensive Proposal to Shore Up Tilting Millennium Tower Being Considered (CA)
A new fix for the tilting and sinking Millennium Tower is on the table at closed door talks this week, NBC Bay Area has learned. The goal is to find a solution that will settle the massive legal fight, and stabilize the troubled building. The $80 million proposal can’t come soon enough for residents of […]
The craziest HOA rules in Northern California
Earlier this year, an Auburn homeowners’ association made news when it required everyone in the community to keep their garage doors open or face a $400 fine. The policy was reportedly a response to someone in the community allowing people to live in their garage. Anyone who left the garage door closed could be subject […]
Drone Crashes Inspecting Cracked Window At Sinking Millennium Tower (CA)
The aerial inspection of a cracked window at San Francisco’s tilting Millennium Tower came to a crashing halt when the drone dropped from the sky, nearly missing pedestrians below. Building managers were conducting the aerial survey of the structure while KPIX 5 cameras were rolling. Read the article………………
HOA Homefront: More questions on board elections answered (CA)
Q: We successfully recalled our homeowners association board, yet the next day after the vote the recalled directors held a special meeting and enacted lots of business. We believe that everything the board enacted after it was recalled can be reversed with a blanket resolution by the new board. What do you think? Read the […]
Thief hot-wires elevator, cars in San Diego condo garages (CA)
A car owner in Mission Hills is warning others about a thief who isn’t just hot-wiring the vehicles he targets, but also elevators standing in the way. Kevin Plautz lives at a condo complex on California St. On Friday morning, he got a surprise knock at his door. “Neighbors showed up at my door and […]
Is your homeowners association policy broken? (CA)
I was speaking with a friend the other day, and the topic of HOA insurance came up. Let me share some of my thoughts on our discussion. You love your condo. You love that all the “big things” are taken care of by the association. Things like lawn care, outside maintenance, roof repairs, and of […]
Large crack reportedly forms in window of San Francisco’s sinking Millennium Tower (CA)
A new defect in San Francisco’s sinking and tilting Millennium Tower has appeared. A large crack reportedly formed in a window on the 36th Floor of the building on Saturday, according to a resident. Department of Building Inspection spokesperson Bill Strawn says a correction notice was issued and building engineers have 72 hours to report […]
Assemblywoman Monique Limón’s Bill Jumps Into Fight Over Hollister Ranch Beach Access (CA)
Amid the high-stakes battle over access to the beach at Hollister Ranch, Assemblywoman Monique Limón, D-Santa Barbara, has proposed legislation that would make it easier for environmental activists to gain access to the beach through private land. The bill, AB 2534, would create the Hollister Ranch Subaccount, and would require up to $1 million received […]
HOA Homefront: When board shenanigans erupt around election time (CA)
Q: We cannot get people to volunteer to be on the board. I have been on the board and told the manager I didn’t want to run. She put my name on the ballot and said I had to stay on the board until someone took my place. What happens if you don’t have people […]
HOA Homefront: Many members struggle with boards elections (Part 1) (CA)
Q: What recourse does a member have if the board refuses to abide by the governing documents or state law? Our president refuses to hold the annual election in an apparent attempt to stay in power. Read the Q&A……………
Violence Begets Violations: Shooting Fallout Leaves Stockton Homeowners With Hefty Bill (CA)
Hundreds of residents may lose their homes if they don’t come up with thousands of dollars and quick, and it all started with a shooting. The homeowners association says the issues came to light after a shooting down the street. Code enforcement was called out and five days ago, residents at the more than 200 […]
HOA Homefront: 10 ways to keep the lawyers at bay (CA)
Serving as a volunteer director is often thankless, but it shouldn’t be risky. Here are 10 ways to reduce if not prevent personal risk from your service. Read the article………………
Don’t call police over parking disputes, Chula Vista HOA tells residents (CA)
Eastern Chula Vista residents are calling 9-1-1 when neighbors park in front of their homes. This happens so often that a homeowners association in the Montecito neighborhood sent a letter asking people to stop calling police and reminding them that they don’t own the parking spot in front of their house. “The Chula Vista Police […]
Neighbor Winning $784,208 In Damages Against Another Neighbor Based On CC&R/Nuisance/Prospective Economic Advantage Damages Properly Awarded CC&R Fees Of $363,571.56 (CA)
We have noticed an increasing trend among appellate courts to affirm fee awards or fee denials where the appealing litigant failed to provide a reporter’s transcript, especially where abuse of discretion or non-legal issues are involved. The Second District, Division 5 has been especially vigilant on this issue, and we have seen an uptick in […]
2/4 DCA Reinstates Homeowner’s Breach Of Fiduciary/Quiet Title Claims And Allows Further Amendment Of Slander Of Title Claim, Which Causes Attorney’s Fees Award To HOA As Prevailing Party To Go POOF!
In Colyear v. Rolling Hills Community Assn. of Rancho Palos Verdes, Case Nos. B278198/B279671 (2d Dist., Div. 4 Apr. 23, 2018) (unpublished), homeowner sued HOA for breach of fiduciary duty, slander of title, and quiet title arising from a tree trimming dispute between neighbors. (Boy, oh boy, tree disputes are very common in HOA cases.) […]
SB1265 – A Dumb Idea for a Bad Law (CA)
A senate bill seeking to prohibit California community associations from establishing qualifications for candidates to run for their boards of directors among other changes and requirements (including possible invasion of owner privacy) is a dumb idea that would create bad law……….One bill I think the State could do just fine without is SB1265. And if […]
A collaboration for community improvement (CA)
Lakeshore Park is most pleased to report all our Cal Fire and PG&E grant activities and goals were recently met. Like many communities in Eastern Madera County, the residents in Lakeshore Park on the north shore of Bass Lake faced it’s greatest challenge in a 60 year history. Bark beetles swept the area and left […]
6 Red Flags for Difficult HOA Board Members
A well-focused board of directors is efficient, productive, and in most cases, a pleasure to work with. The board of directors sets the tone for how things get accomplished and how the HOA is maintained overall. But what happens when one, or more, of your directors has personality issues with the rest, or even worse, […]
Calif. Homeowner Association Hit With $2M Slander Verdict
A California federal jury on Thursday found a homeowners association liable for $2 million to its former golf director, who said his supervisor spread distressing lies about him, including that he kept child pornography on his work computer. (only a partial article without registration) Read the article………..
Carlsbad Condos Defect Lawsuits Settled for $15.6M (CA)
Construction defect lawsuits against the builder and architect of a Carlsbad condominium community have been settled for $15.6 million, according to lawyers representing condominium owners. La Costa Resort Homeowners Associations I and La Costa Resort Homeowners Association II reached the agreement in San Diego Superior Court through mediation after 19 months Read the article……………..
San Rafael condo owners hit with $145,000 special assessment (CA))
Members of the 36-unit Pinnacle Condominium Association in San Rafael have approved a special assessment that will result in each condo owner having to pay $145,000 to fund a $5.22 million exterior repair project. “That is a major special assessment for a building this size,” said Marjorie Murray, president of the Center for California Homeowner […]
Santa Monica attorney to be reproved for unauthorized practice of law in Arizona
Santa Monica attorney Cynthia Ann Futter has been recommended for private reproval with public disclosure by the California State Bar following her 2015 discipline before the Arizona State Bar for unauthorized practice of law in that state, according to a recent filing. Futter, during the Arizona proceedings, admitted to violating rules before that state’s bar […]
HOA Homefront: 11 sure-fire ways to frustrate HOA elections (CA)
Most associations have member voting at least annually, and the process required by statute applies to all homeowners associations, whether two units in Redondo Beach or 3,000 units in Oakland. Avoid these mistakes which can doom HOA elections. Read the article……………..
HOA Not Entitled To Fees Where Gist Of Successor Homeowner’s Suit Was Fraud Based (CA)
In Mims v. Park Hill on Pepper Avenue Community Association, Case No. E065990 (4th Dist., Div. 2 Sept. 13, 2017) (unpublished), successor homeowner initially sued HOA on various fraud-based claims based on the failure to provide her notice that the property was within the HOA and subject to HOA fees, Read the article……………..
HOA Winning $1,881 In Damages Against Homeowner Also Was Entitled To Attorney’s Fees Of $201,750 (CA)
We do not really need to get into the specifics of Mustafa v. Mountain View Park Homeownerss Assn., Inc., Case No. E063529 (4th Dist., Div. 2 Aug. 8, 2017) (unpublished), but the end result in sobering for purposes of our blog. Basically, homeowner lost a gnarly dispute against a HOA, with HOA obtaining a whopping […]
Why most Millennium Tower owners didn’t get a tax break this year (CA)
The San Francisco Assessor’s Office decision to give minor tax breaks to only around 25 percent of the owners of units in the sinking, leaning Millennium Tower has some residents up in arms. Read the article……………..
HOA Homefront: Does your HOA have the required rules?
Operating rules are often called “house rules” or “rules and regulations” by associations in California. Under Civil Code 4350(a), rules must be written, and under Civil Code 4340 are adopted by the board of directors. In adopting or changing rules, boards must follow the procedure stated in Civil Code 4360. Most rules are tailored by […]
HOA Homefront: Can we skip the reserve account?
Dear Mr. Richardson: I am wondering, are HOAs required to have a “reserve” account or it is just recommended? Read the Q&A…………….
HOA Homefront: Owners have very broad rights of access to association financial records.
Q: I am one of a couple employees in a small, self-managed, association. Regarding opening the association records to owners: How much detail are they allowed to see? The manager is concerned that if someone insists on details (i.e. specific individual names and duties) that this information must be provided. I thought that the owners […]
My Turn: Things are heating up in Serrano (CA)
Well, it’s that time again. We’ve got another Serrano Homeowners Association Board of Directors election looming and it’s again shaping up to be a battle for control, with homeowners vying with the developer for control of their HOA. But it’s coupled with a few extra wrinkles: A small claims court action and a major lawsuit […]
HOA Homefront: Keep the board meetings a reasonable length
As someone who regularly attends homeowners association board meetings, I can attest that most of them run far too long. Later in longer meetings, concentration and the quality of the deliberations deteriorate. Could any of the following solutions help your board meetings? Read the article…………
HOA Homefront: The board balancing act
The ancient Chinese concept of yin and yang deals with opposite and inseparable forces. Common interest developments, or homeowner associations, have their own “yin and yang” issues, in which four basic and inseparable priorities must be balanced to produce a successful and harmonious community. Those four interests include the association’s corporate, real estate, financial and […]
HOA Homefront: Don’t be caught napping; your rights at risk! (CA)
Some well-intentioned ideas can boomerang and hurt those who are intended to be helped. Such is the new Civil Code 4041, created by last year’s SB918. Section 4041 appears intended to protect homeowners by requiring annual reminders to keep their mailing addresses current with their associations. It requires each owner to annually notify the homeowners […]
HOA Homefront: Who’s meeting is it (I wasn’t invited)
Q. In the spirit of shedding light on HOA governance, would you please write about the difference between regular open board meetings and the annual homeowners association meeting. I am specifically interested in your view on how the agendas are different and what business can be accomplished at the HOA annual meeting. Read the […]
More Millennium Tower residents sue developer, city (CA)
Following November’s lawsuit, 20 tower residents led by Jerry Dodson, a former government litigator who also happens to live in the offending building, launched yet another suit against both the city and building developer Millennium Partners. The complaint alleges that both Millennium Partners and the Department of Building Inspection knew as early as 2009 that […]
Bad lawsuit, bad argument, bad outcome (CA)
For six years, we hoped that reason would prevail in Santa Rosa’s legal squabble with homeowners in a gated community near Oakmont that has tried to block bicyclists from crossing through their territory. But reason has lost. So have bicyclists. So have joggers, skateboarders and anybody who would like to do anything other than walk […]
CA: New year and new HOA laws ahead
2016 was a relatively quiet year for HOAs in Sacramento, with only three bills passing to become law in 2017, and another law taking effect in 2017 from a 2014 bill. Another significant new HOA law actually came from the Department of Housing and Urban Development in Washington, D.C. Senate Bill 918 adds a new […]
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 that had been erected to keep out renters (including me) was dismantled on April 1 […]