Sometimes what seems like a simple item on the agenda that will receive an overwhelming vote can end up taking the whole meeting because Board members and homeowners keep hashing out the same issue over and over again. Read the article……………………
5 Tips for Addressing the HOA Board at Open Meetings
All meetings of the homeowners association Board of Directors are open meetings. Residents are encouraged to observe meetings and read approved minutes. Residents who wish to address the HOA board are welcome to do so during the forum conducted at the beginning of each business meeting. Here are a few tips for participating: Read the […]
Tips for Responding to HOA Code Violations
Violation notices are the least-liked aspect of living in a community with a homeowners’ association. However, it’s important to remember that violation notices aren’t punitive. The reason rules and regulations are in place is to make your community look great and increase your property value. It can be frustrating to keep track of the many […]
Board and Director Recalls: A “How-To Guide” for Managers and Directors (CA)
It only takes a Petition signed by 5% of the members to trigger an Association vote to remove or recall (“recall”) directors. It is important to handle the process properly since the stakes can be high for all involved – directors, members and managers – and recent history teaches us that those who initiate the […]
Why Your Homeowners Association Needs Election Rules (CA)
ou’ve sent out the candidate solicitations, you’ve gone through finding members who are willing to serve on your board, printed the ballots, and mailed out a professionally prepared cover letter with two envelopes (postage paid!) – just like your CC&Rs or Bylaws outline. Now you have a new HOA board, right? Then, someone you’d least […]
Why It’s Crucial to Regularly Collect for Reserves at Your Homeowners Association
Reserve funds are not an extra expense. They are part of the ongoing expenses of the homeowners association which occur at various points in time. The plan provided by your reserve fund specialist will help you in this process. It’s much more preferable that homeowners associations have a plan to set the funds aside now, […]
Allocation, Homeowner Associations: Judge Presiding Trial Did Not Abuse His Discretion By Failing To Apportion Fee Work Between Contract and Noncontract Claims Where Work On These Claims Was Inextricably Intertwined
We repeatedly have demonstrated in posts how homeowner association disputes can be a pricey proposition, depending on which side prevailed (or, for that matter, where no side has been found to prevail). Over the years in posting in the HOA areas, we see substantial six-figure and even seven-figure awards of fees/costs. That happened in Majestic […]
HOA CC&Rs & Condo Plan Trump Conflicting Rights Conveyed in Deed CA)
Homeowners Association (“HOA”) Boards of Directors and management professionals often encounter disputes with homeowners as to who has the right to use common areas parking spaces within a condominium development. Homeowners often believe that such spaces are part of their separately owned units (their separate property or “separate interest”); that the spaces were “deeded” to […]
How Many Years Should an HOA Reserve Study Cover? (CA)
So, your homeowners association is contemplating doing a reserve fund study. Perhaps you are a new HOA and need to establish and start funding the reserves; or, you are an older HOA that has had a reserve for years, but it is time to update it. How many years should your HOA reserve study cover? […]
The Legacy of Your HOA Board: Passing the Torch
When a new HOA board is transitioning into power, having solid foundations for the new members is important to the homeowners association’s success. The first step in a successful HOA board’s transition process is to set expectations, particularly if you have many board members (along with their experience) leaving the board. To do so, a […]
Food Safety During a Power Outage in Your HOA
Power failures can be one of the most annoying and disabling occurrences in your HOA. Whether caused by summer storms, power lines crippled by winter ice, equipment failure, an overloaded regional grid or an animal disrupting a power line, electrical outages can be costly, uncomfortable, and without forethought sometimes even dangerous. Association homeowners can face […]
Homeowners Association Land Use Approval Process Is Protected Activity Under Anti-SLAPP Statute (CA)
The California Court of Appeal for the Fourth District has determined that the actions of a homeowners association undertaken in accordance with its land use approval process are protected activities in furtherance of free speech under California’s anti-SLAPP statute. Golden Eagle Land Investment, L.P. v. Rancho Santa Fe Association, 19 Cal. App. 5th 399 (2018) […]
HOA Short-term Rental Rule Violated California Coastal Act
The issue of short-term rentals (or “vacation rentals”) is becoming increasingly significant for homeowners associations (“HOAs”). The concerns and problems that arise from having revolving groups of vacation renters in HOAs are well-documented, such as the fact that vacation renters are often “less careful in using the common facilities because they are not concerned with […]
Trial Court Correctly Denied Plaintiff’s Negligence-Based Fee Recovery Against HOA Based On Gravamen Of The Claim—Negligence, Not CC&R Enforcement (CA)
This next case should illustrate how both trial and appellate jurists try to get to the nub of a dispute—with the ultimate decision on the nature of the claim being very decisive on whether there is fee entitlement. Martini v. Bel Azure Homeowners Assn., Case No. D072288 (4th Dist., Div. 1 Apr. 12, 2018) (unpublished) […]
How To Interpret Your HOA Reserve Study
More often than not, sitting down to review your HOA Reserve Study can be about as easy-to-understand and enjoyable as sitting down to review the U.S. Tax Code. And just reviewing your HOA Reserve Study is not enough. As an HOA Board member, you’re responsible for using that HOA Reserve Study to plan for, allocate, […]
HOA Homefront: Bad news for beachfront HOAs regarding vacation rentals (CA)
While short-term rentals present an opportunity for homeowners to make a profit on their home when not in use, such rentals also present many potential problems for both the municipality and the association. Weekender occupants are more likely to be less courteous and responsible to neighbors. Many will argue short-term rentals are “non-residential” use of […]
Civil Process Service Rules in Gated Communities (CA)
Private investigator John A. DeMarr, P.I., announces a new program for serving legal papers in California, on individuals who live in gated communities. This can get complicated, if the target of the legal papers lives behind gates. This is especially true, if the gates are manned by security guards. But he who may think himself […]
Why Your HOA Board Should Use a Reserve Specialist
As an HOA board member you probably know what a reserve study is and the importance of doing one. If you don’t, take a couple of minutes to read this blog to familiarize yourself with frequently asked questions about doing a reserve study in your homeowners association. It’s important to know that the law actually […]
Has Your Vehicle Been Towed Out of Your HOA Community? (CA)
Unclear or unenforced parking rules can wreak complete havoc in your HOA community. Many reasons contribute to this: Communities built with poor planning for parking, poor signage or lack of clarity on parking rules, owners NOT using their garage as their primary parking spot as stated in the Governing Documents, owner having more vehicles than […]
New Mandatory Disclosure Requirements for Community Managers (CA)
The legislature believes that more laws are needed to assure that community managers – those who control the assets of common interest developments (“CIDs”) – do not take advantage of their clients by entering into secret agreements with vendors. While in our experience instances of such manager misconduct are rare, the legislature has a theoretical […]
Attorneys’ Fees Can Be Awarded to CEQA Litigants Hoping to Preserve Their Home Values (CA)
Successful petitioners under CEQA who are motivated to file suit, in part, by their private financial interests are not necessarily ineligible for an award of attorneys’ fees under the public interest fee statute. Heron Bay Homeowners Association v. City of San Leandro, 19 Cal. App. 5th 376 (2018). Read the article…………………
$707,117 Fee Award To HOA Goes Away Upon Reversal Of HOA’s Victory In Judgment (CA)
Cathedral Hill Tower Condominium Assn. v. Garbar, Case No. A144036 (1st Dist., Div. 3 Mar. 27, 2018) (unpublished) was the latest appeal by homeowners against HOA in a decade-spanning action involving claims for nuisance, negligence, and breach of contract by HOA. A jury found in homeowners’ favor and awarded them nuisance personal injury damages of […]
California Appellate Court Blocks SoCal Homeowners Association’s Short-Term Rental Ban
A California appellate court has found that a Southern California homeowners association’s ban on short-term rentals runs afoul of the state’s coastal access law. In June 2016, the Mandalay Shores Community Association passed a resolution that barred owners of about 1,400 single-family units along the Oxnard coast from renting their dwellings for less than 30 […]
Update on the Infamous Open Garage Door Rule
On January 25, 2018, I blogged about an HOA in Auburn, California that passed a rule requiring all of its owners to leave their garage doors open during the day. The goal of the rule was to prevent owners from using their garages as living spaces. The patently overbroad rule—which, in effect, would render residents’ […]
What Can an HOA Board Do if Owners Refuse to Pay Special Assessments? (CA)
Homeowner associations are sometimes faced with special circumstances that arise even when they’ve done an excellent job of planning for replacement costs. Large-scale repairs, emergency situations, or capital improvement projects may occur that put their reserves dangerously low. Special HOA assessments, in addition to monthly HOA fees, could then be the best option. Read the […]
Common Issues Faced by HOA Boards
HOA board membership is a unique situation. There are few other scenarios where a group of volunteers assembles to oversee the management of a multi-million-dollar nonprofit corporation in which they all also have a vested interest. All HOA boards face a similar set of demanding circumstances. Knowing how to handle these situations, as well as […]
What Makes a Good Property Manager?
There are a lot of property managers out there. They have different backgrounds, styles and strengths. It is important for the board of directors of your homeowner’s association to look for a management company that will best serve your community. Do they have the expertise that your association needs? Read the article…………….
HOA Board Checklist for Hiring 3rd Party Contractors
You wouldn’t dream of inviting an unverified contractor into your home to make repairs…let alone the homes under your care as a member of the HOA board. The results of a third-party contractor’s work will ultimately affect tens to hundreds of fellow homeowners. Make the process easier and more effective for your HOA board by […]
Construction Defect Claims at Common Interest Developments (CA)
A homeowners’ association (“HOA”) governing common interest developments is subject to a different set of requirements for construction defect claims as opposed to single-family developments. In 1995, the California legislature enacted the Calderon Act (formerly CA Civil Code §1374) which set forth the requirements for an HOA to bring forth a construction defect action against […]
Newly Enacted Civil Code Section 4515 Seeks to Protect Political Speech and Peaceful Assembly at California Community Associations
Effective January 1, 2018, Civil Code Section 4515 was added to the Davis-Stirling Act to protect certain rights of political speech and peaceful assembly within the boundaries of a common interest development. Senator Bob Wieckowski originally presented new Civil Code Section 4515 to California’s legislature as Senate Bill 407. Remarking on his proposed legislation, Senator […]
California Legislative Update: What Your Board Needs to Know
Community association laws are changing all the time, and for both board members and homeowners, keeping up with them is important for achieving their community’s vision while maintaining compliance. To help you keep up with the latest changes in California, Associa Northern California recently hosted a webinar outlining the legislative updates that have taken affect […]
Can an HOA Board Make Important Decisions without Homeowners? (CA)
More precisely, does an HOA’s Board of Directors have authority to make important decisions for the community without seeking input from their homeowners – either informal consultation, a survey or a formal vote? The short answer to the question is “Yes.” The HOA board is established to oversee the governance of the association on behalf […]
Preventing Carbon Monoxide Poisoning in Your HOA
Homeowner Associations with common area buildings and structures are required to stay up to code and should schedule their local fire inspector to assess buildings on an annual basis. One item on that inspection will be an assessment of the HOA smoke detectors. One major safety concern to consider is carbon monoxide, or CO. Carbon […]
Solar Panels on Common Area Roofs; Have a Policy Yet? (CA)
The California Solar Rights Act (“Act”), found at Civil Code §§ 714 and 714.1, provides certain protections for homeowners seeking to install Solar Energy Systems (i.e., solar panels) on their properties (“Systems”). The intent of the Act was to prevent associations from broadly banning Systems for aesthetic reasons—whether through an explicit ban, or through onerous […]
How to Find and Recruit Great HOA Board Members for Your Community
When your community is recruiting new HOA board members, there are certain qualities to look for in prospective members and good strategies for getting these individuals involved. Good candidates for your HOA board are people who can delve into the details while keeping an eye on the big issues. Board members must be willing to […]
Tips to Hold a Smooth HOA Board Election
An HOA board election is a meeting of the membership during which homeowners come together to elect officials to serve on the board of their HOA. (Membership meetings should not be confused with board meetings, which are meetings where members of the HOA board discuss and vote on association business issues.) Read the article……………..
HOA Properly Awarded Fees Against Trustee And An Individual Suing As Property’s Successor-In-Interest (CA)
Plaintiff, who sued as a trustee of her deceased father’s trust and individually as successor-in-interest to a condominium property, lost an exclusive garage use dispute against the HOA through a summary judgment motion, which was affirmed on appeal. HOA then was awarded about $76,000 in attorney’s fees as the prevailing party under a CC&R fees […]
Eliminate the Risks of Not Having Adequate HOA Reserve Funds (CA)
The risks of not having enough HOA reserve funds for your community are as serious as the risks of not having enough emergency savings for your family. Imagine needing to pay for college tuition increases or costly medical expenses without having enough money set aside to do so. Now imagine fellow homeowners having their family […]
HOA Homefront: El presidente is not el jefe
The office of HOA president is often misunderstood. And very serious dysfunction for associations and their boards, as well as heartburn for the president, can be the outcome. At the outset, it is critical to understand that the role of the homeowners association president is dramatically different than the for-profit corporate president. Read the article…………………
Ways to Encourage Members to Attend HOA Board Meetings (CA)
Successful communities, governed by successful Home Owners’ Associations (HOAs), typically have strong, effective boards of directors. An effective HOA board of directors conducts their HOA’s business in a professional manner, including having regularly scheduled meetings. Problems can arise, however, when one or more directors fail to attend those meetings consistently. Read the article…………….
Reasonableness Of Fees: HOA Properly Awarded $31,375 Out Of $91,936 Base Line Lodestar Fee Request (CA)
In Villa Riviera Condominium Assn. v. Berg, Case No. B269191 (2d Dist., Di. 3 Feb. 8, 2018) (unpublished), HOA did win a CC&R assessment battle against homeowner on a summary judgment motion, then seeking a lodestar amount of $91,936 in attorney’s fees, plus “fees on fees.” Homeowner argued that more than half the fees were […]
HOA Tips: Taking Out the Trash
When it comes to getting rid of garbage, many Homeowner Association members are apt to simply toss their waste in the trash or into the dumpster and call it a day. But improper dumping can lead to stronger garbage smells and more mess in our trash facilities. So before you haul out the trash, here […]
What Your California Condominium Association Needs to Know About the New Solar Bill – AB 634! (CA)
As you may have heard, the Governor signed into law new legislation that now changes a California condominium’s associations ability to prohibit an owner from installing a solar energy system on the common area roof. AB 634, which went into effect on January 1, 2018, amended several provisions of the California Civil Code to set […]
6 Questions to Ask About How the HOA Board Manages Its Finances
The Board of Directors (BOD) for your homeowners association has an immense financial obligation to the community. One of the BOD’s most important jobs is to keep legible and accurate financial reports and records. These reports and records provide an overview of your community’s revenue and expenses against its financial projections or budget. Read the […]
Prevailing Party: Mixed Results In Transfer Fee Litigation Means No One Obtained Fees Or Costs (CA)
Marina Pacifica Homeowners Assn. v. Southern California Financial Corp., Case No. B276719 (2d Dist., Div. 8 Feb. 5, 2018) (published) was hard fought litigation over the validity and timing of an assignment/transfer fee. In the end, the trial court—after bifurcating the trial into several phases—decided the transfer fee could not be collected after December 31, […]
How to Actually Get Things Accomplished at Your HOA Board Meeting
It’s a new year, and that means a new round of board meetings. Since the Davis-Stirling act requires that HOA board meetings take place, you might as well take part in achieving the best and most successful meeting possible. HOA board meetings are a golden opportunity for community members to know the issues that impact […]
Homeowner Associations/Prevailing Party: Homeowner’s Interim Preliminary Injunction Success, Although Ultimately Losing On The Merits, Did Not Make Her Prevailing Party Under Davis-Stirling Fee-Shifting Provision (CA)
In Artus v. Gramercy Towers Condominium Assn., Case No. A147297 (1st Dist., Div. 1 Jan. 24, 2018) (published), plaintiff homeowner sued HOA claiming it illegally failed to enforce cumulative voting standards under governing documents. The trial court granted homeowner a preliminary injunction on two of her three statutory claims, but she eventually lost on the […]